For a State to be able to enter an order for custody and visitation of a child, the State of Oklahoma must have jurisdiction. Under Moving to the State by itself is not enough but rather other conditions must be satisfied. Oklahoma law (aligned with the UCCJEA), one of the following must be true for the state to have jurisdiction to make an initial child custody determination:
- Child Custody Jurisdiction And The Home State Rule
- Oklahoma is considered the child’s home state if the child has lived in Oklahoma with a parent (or a person acting as a parent) for at least six consecutive months immediately before the custody proceeding begins.
- For children younger than six months, the home state is wherever the child has lived from birth with a parent or caregiver.
- Alternative Jurisdiction (Significant Connection)
- If the six-month requirement isn’t met, Oklahoma may still have jurisdiction if:
- The child and at least one parent have a significant connection to Oklahoma beyond mere physical presence, and
- There is substantial evidence in Oklahoma concerning the child’s care, protection, training, and personal relationships.
- If the six-month requirement isn’t met, Oklahoma may still have jurisdiction if:
Summary Table
| Scenario | Requirement | Explanation |
|---|---|---|
| Child ≥6-month residency in OK | 6 consecutive months | Oklahoma automatically has jurisdiction as the home state. |
| Child <6 months old | Residency from birth | The state where born and residing is home state. |
| Less than 6 months or no residence | Significant connection & substantial evidence | Jurisdiction possible based on ties beyond residency. |
Example Situations
- Example 1: A two-year-old child moved to Oklahoma with a parent 7 months ago → OK has jurisdiction (home state rule applies).
- Example 2: A newborn only recently moved to Oklahoma → OK may still qualify as home state if the child has lived here since birth.
- Example 3: A child lived in another state, but attends school and has family connections in Oklahoma, and a parent resides in the state — even if the residency hasn’t reached six months, Oklahoma may assume jurisdiction based on significant connection and evidence.
Key Statutory References
- Oklahoma Statutes § 43‑551‑201 (2024) defines Oklahoma’s jurisdiction for initial custody orders, following the UCCJEA framework.
- UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act): Clarifies that “home state” jurisdiction requires a six‑month residency or birth residence, or otherwise significant connections with Oklahoma, and availability of evidence.
Final Answer
To answer your question directly:
- A child must live in Oklahoma for at least six consecutive months (immediately before the custody proceeding) for the state to be considered the home state and have jurisdiction to issue a custody order.
- For infants under six months old, Oklahoma may be the home state if the child has lived here since birth.
- If those criteria aren’t met, Oklahoma may still have jurisdiction if there is a significant connection to the state and substantial evidence regarding the child’s welfare available there.
Check out our Oklahoma Divorce and Custody Blog For More information
Child Custody Lawyers in Tulsa
If you are new to Oklahoma, child custody jurisdiction depends on your residency in the state. Although there are certain exceptions to the residency rule, time in the state is critical. For a free consultation with a child custody attorney at Tulsa Divorce Attorneys and Associates, call 539-302-0303. or you can follow this link to ask a free online legal question.