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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12362
Experience:  JD, MBA
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I have a court order for sole custody and child support issued

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I have a court order for sole custody and child support issued in Oklahoma in 2007. All of the parties have since moved out of the state. If I want to petition for modification, will Oklahoma courts continue to have jurisdiction? I and the child will be living in Texas and the father is living in California. If Oklahoma courts don't have jurisdiction, which state would?
Hello and thank you for allowing me the opportunity to assist you.

Since nobody lives in Oklahoma anymore, that court would likely decline further jurisdiction. If you want to modify the petition, then you should bring the petition in the jurisdiction where the child has lived for the past 6 months. If that is California, then that is where the petition should be brought (I am assuming that you are not yet in Texas since you wrote that you "will" live there, not that you "do" live there).

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Customer: replied 4 years ago.

Correct. I'm moving to Texas in August. I'm actually currently living in Colorado so I've been away from Oklahoma for almost two years. In this case, I'm assuming I would need to live in Texas for 6 months and then would I have to file something in Oklahoma to change the jurisdiction?

Hi again.

You are correct, except that you shouldn't have to file anything in Oklahoma. The Texas courts should just accept jurisdiction without anything from Oklahoma provided you offer evidence that nobody has lived in Oklahoma for 2 years.
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