Okla. Stat. tit. 30, § 30-3-308
This is the official text of Okla. Stat. tit. 30, § 30-3-308, part of Oklahoma’s Stat. tit. 30, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 30,." Browse the sections below, each linked to its official government source.
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Jurisdictional requirements for appointing a guardian or
Official statutory text
issuing a protective order.
A court of this state has jurisdiction to appoint a guardian or
issue a protective order for a respondent if:
(1) This state is the respondent’s home state;
(2) On the date the petition is filed, this state is a
significant-connection state and:
(A) the respondent does not have a home state or a court
of the respondent’s home state has declined to
exercise jurisdiction because this state is a more
appropriate forum, or
(B) the respondent has a home state, a petition for an
appointment or order is not pending in a court of that
state or another significant-connection state, and,
before the court makes the appointment or issues the
order:
(i) a petition for an appointment or order is not
filed in the respondent’s home state,
(ii) an objection to the court’s jurisdiction is not
filed by a person required to be notified of the
proceeding, and
(iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in
Section 11 of this act;
Oklahoma Statutes - Title 30. Guardian and Ward Page 67
(3) This state does not have jurisdiction under either
paragraph (1) or (2) of this subsection, the respondent’s home state
and all significant-connection states have declined to exercise
jurisdiction because this state is the more appropriate forum, and
jurisdiction in this state is consistent with the constitutions of
this state and the United States; or
(4) The requirements for special jurisdiction under Section 9
of this act are met.
A court of this state has jurisdiction to appoint a guardian or
issue a protective order for a respondent if:
(1) This state is the respondent’s home state;
(2) On the date the petition is filed, this state is a
significant-connection state and:
(A) the respondent does not have a home state or a court
of the respondent’s home state has declined to
exercise jurisdiction because this state is a more
appropriate forum, or
(B) the respondent has a home state, a petition for an
appointment or order is not pending in a court of that
state or another significant-connection state, and,
before the court makes the appointment or issues the
order:
(i) a petition for an appointment or order is not
filed in the respondent’s home state,
(ii) an objection to the court’s jurisdiction is not
filed by a person required to be notified of the
proceeding, and
(iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in
Section 11 of this act;
Oklahoma Statutes - Title 30. Guardian and Ward Page 67
(3) This state does not have jurisdiction under either
paragraph (1) or (2) of this subsection, the respondent’s home state
and all significant-connection states have declined to exercise
jurisdiction because this state is the more appropriate forum, and
jurisdiction in this state is consistent with the constitutions of
this state and the United States; or
(4) The requirements for special jurisdiction under Section 9
of this act are met.
Status: in_force · Read it on the official government site
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