{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-101","heading":"Jurisdiction – Venue – Residence of child – Transfer","body":"of proceedings.\n\nA. 1. Upon the filing of a petition, the assumption of the\n\ncustody of a child, or issuance of an emergency custody order\n\npursuant to the provisions of the Oklahoma Children's Code, the\n\ndistrict court shall obtain jurisdiction over any child who is or is\n\nalleged to be deprived. Jurisdiction shall also be obtained over\n\nany parent, legal guardian, or custodian of and any other person\n\nliving in the home of such child who appears in court or has been\n\nproperly served with a summons pursuant to Section 1-4-304 of this\n\ntitle.\n\n2. When jurisdiction has been obtained over a child who is or\n\nis alleged to be a deprived child:\n\na. such jurisdiction may be retained until the child\n\nbecomes eighteen (18) years of age,\n\nb. the court may issue any temporary order or grant any\n\ninterlocutory relief authorized by this Code in an\n\nemergency, regardless of whether another district\n\ncourt within the county or state has prior or current\n\njurisdiction to determine the custody, support, or\n\nvisitation of the child,\n\nc. all other action then pending or thereafter commenced\n\nwithin the county or state that concerns the custody,\n\nsupport, or visitation of the child shall be\n\nautomatically stayed unless after notice to the\n\nparties in the deprived action, the written consent of\n\nsuch court is obtained and filed in the other\n\nproceeding; provided, a child's delinquency action\n\nmay, in the discretion of the court, proceed pursuant\n\nto the Oklahoma Juvenile Code,\n\nd. all orders entered in the deprived proceeding\n\nconcerning the custody, support, or visitation of a\n\nchild shall control over conflicting orders entered in\n\nother actions until such time as the jurisdiction of\n\nthe court in the deprived proceeding terminates, and\n\ne. the judge presiding over a deprived action shall have\n\nthe authority to make a final determination in the\n\nmatter and preside over any separate action necessary\n\nto finalize a child's court-approved permanency plan\n\nincluding an adoption, guardianship, or other custody\n\nproceeding.\n\nB. 1. Venue of any action involving a child alleged to be\n\ndeprived shall be in the county where:\n\na. the child resides, or has resided for six (6) months\n\npreceding the filing,\n\nb. the alleged acts of deprivation occurred, or\n\nc. a parent or sibling has a deprived action pending.\n\nIf none of the locations listed in this paragraph are known, venue\n\nmay be in the county where the child is found.\n\n2. A deprived action shall not be dismissed if filed in the\n\nwrong venue, but shall be transferred to the proper venue upon\n\ndiscovery of the proper venue, unless venue is waived by all parties\n\non the record.\n\n3. Except as provided for in this subsection, a deprived action\n\ncommenced in a county outside of the residence of the child may be\n\ntransferred to the county of the child's residence at any stage in\n\nthe proceedings after the petition has been filed. The receiving\n\ncourt shall continue with the proceedings as though the original\n\npetition had been filed in that court.\n\na. When a petition or motion to terminate parental rights\n\nhas been filed, the case shall not be transferred\n\nuntil the sending court has concluded the termination\n\nproceeding.\n\nb. Absent good cause to the contrary, a deprived action\n\nshall be transferred to the county where other\n\nproceedings are pending concerning custody of the\n\nchild or the child's siblings.\n\nc. Prior to adjudication pursuant to Section 1-4-603 of\n\nthis title, a case may be transferred to a venue where\n\nthe evidence or witnesses are located when the\n\ninterests of justice or convenience of the parties so\n\nrequire. Following adjudication, the receiving court\n\nmay transfer the case back to the county of the\n\nchild's legal residence as provided in this section.\n\n4. For purposes of this section, the residence of the child\nt to Section 1-4-603 of\n\nthis title, a case may be transferred to a venue where\n\nthe evidence or witnesses are located when the\n\ninterests of justice or convenience of the parties so\n\nrequire. Following adjudication, the receiving court\n\nmay transfer the case back to the county of the\n\nchild's legal residence as provided in this section.\n\n4. For purposes of this section, the residence of the child\n\nshall be the residence of the person who has the legal right to\n\nphysical custody of the child according to a prior court order or by\n\noperation of law.\n\na. If there is no order determining the custody of the\n\nchild, the custodian of the child shall be:\n\n(1) both parents where they reside together,\n\n(2) the primary or actual physical custodial parent\n\nwhere parents do not reside together, or\n\n(3) the mother where paternity has or has not been\n\nestablished.\n\nb. The residence of a newborn child shall be deemed to be\n\nthe county where the child's mother legally resided at\n\nthe time of the child's birth.\n\nc. When the child is in the permanent custody of a public\n\nor private child care agency, the residence of the\n\nchild shall be the county in which the child resides\n\nat the time when legal proceedings are initiated.\n\nd. For purposes of transfer, the residence of the child\n\nmay be with the person that the court approves for\n\npermanent placement.\n\n5. The court may request the transfer of the case to another\n\ncounty where the child resides.\n\na. Prior to transferring a case to another venue, the\n\ncourt shall contact the judge in the other venue to\n\nconfirm that the judge in the other venue will accept\n\nthe transfer.\n\nb. Upon written confirmation that transfer of venue is\n\naccepted, the transferring judge shall enter the\n\ntransfer order, and certified copies of all documents\n\nof record with the clerk of the transferring court\n\nshall be transmitted to the receiving court along with\n\nthe names and addresses of all parties entitled to\n\nnotice of any further proceedings.\n\nc. Upon transfer of the case, the receiving court shall\n\nset a hearing date for the parties that is not more\n\nthan thirty (30) days following the date upon which\n\nthe change of venue has occurred.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fc69183ab1719066bd3f8733f31b00ed81eb58ca335fd5d6f68c74259a1fa877","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-3-104","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-102"},"notice":"GroundRules: Original legal text. Not legal advice."}