Multi-State Custody: Oklahoma Residency Matters
Let’s talk about multi-state child custody jurisdiction. Hi, my name is Carl Birkhead. I’m a Tulsa child custody attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by talking about what to do when you have parties who live in different states and you’re trying to establish child custody.
Handling Complex Paternity Scenarios
We recently received a question about a complicated paternity situation. A man had a brief fling before settling into a committed relationship and having a child with his girlfriend. Years later, the former fling reappeared, claiming she had his child. The father, now living out of state, has struggled to establish contact, as the mother has blocked him on all platforms. After finally tracking her down, he wants to know how to proceed with a DNA test and establish paternity when the child lives in Oklahoma.
The key factor in determining where to file is the child’s residency. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a state must have jurisdiction over a child for at least six months before handling custody matters. Since the child has lived in Oklahoma for at least that long, Oklahoma courts have jurisdiction. The father can file in Oklahoma, serve the mother, and begin the legal process. However, since he lives out of state, he should be prepared for travel and legal proceedings in Oklahoma.
Ensuring Proper Legal Jurisdiction
If you’re in a similar situation and unsure where to file, always check where the child lives — that state’s laws will apply. This ensures you are following the correct legal processes and can help prevent unnecessary delays. It is crucial to understand which state holds the jurisdiction to avoid jurisdictional disputes and streamline the custody process.
Take the First Step: Schedule a Strategy Session
If you have questions about this, or if you’re also in a situation where you’re living out of state but you’re trying to assert your parental rights, give me a call. My name is Carl Birkhead. I’m a Tulsa family law attorney with Wirth Law Office, and I want to help you make the law easy. Schedule a low-cost initial strategy session to discuss your unique circumstances and explore your legal options. Call us today at (918) 879-1681 and take the first step towards resolving your child custody matter.
