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Red Flag: Personal Jurisdiction Issues

Legal Authorities:

10 O.S. § 7700-101 & following
56 O.S. § 238.3B
OAC 340:25-1-1.2(b)(1)
OAC 340:25-5-176 & 176.1

Personal jurisdiction deals with the power of the court over a party. If the father has no contacts with Oklahoma, our courts have no power to force him to appear and make orders regarding him. However, if the father has ever lived in Oklahoma or if the child was conceived in Oklahoma, Oklahoma has Personal jurisdiction, even if the father now lives in another state. Questions to ask:

  1. Was child conceived outside of OK?;
  2. Does father live or work in OK?  Did he ever?; and
  3. Can the case be worked in Oklahoma, or does it need to be referred to state where father lives?

For criteria for determining if an NCP is within Oklahoma jurisdiction see the Jurisdiction Review Checklist.