Are there any exceptions to the home state rule?
Yes, there are exceptions to the home state rule.
In some cases, you can file for custody in a state where the children and at least one parent have "significant connections" if there is a lot of evidence available in that state concerning the child’s care, personal relationships, etc. You can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction.1 This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this. For a list of legal resources, please see our OK Finding a Lawyer page.
You can also file for temporary emergency jurisdiction in a state other than the home state if the child is present in the state and:
- the child has been abandoned OR
- it is necessary in an emergency to protect the child because either the child, a sibling, or a parent of the child is subjected to or threatened with mistreatment or abuse.2
1 43 O.S. § 551-201(A)(2)
2 43 O.S. § 551-204(A)