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Legal Information: Oklahoma


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December 8, 2023

Are there any exceptions to the home state rule?

There are some 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 concerning the child’s care, personal relationships, etc. You can only do this if there is no home state or the home state has agreed to let another state have power over the case (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.  Please see our Oklahoma Finding a Lawyer page for a list of legal resources.

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:

  1. the child has been abandoned; or
  2. 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)