Okla. Stat. tit. 43, § 43-551-201

INITIAL CHILD CUSTODY JURISDICTION

A. Except as otherwise provided in Section 16 of this act, a

court of this state has jurisdiction to make an initial child

custody determination only if:

1. This state is the home state of the child on the date of the

commencement of the proceeding, or was the home state of the child

within six (6) months before the commencement of the proceeding and

Oklahoma Statutes - Title 43. Marriage and Family Page 148

the child is absent from this state, but a parent or person acting

as a parent continues to live in this state;

2. A court of another state does not have jurisdiction under

paragraph 1 of this subsection, or a court of the home state of the

child has declined to exercise jurisdiction on the ground that this

state is the more appropriate forum under Section 19 or 20 of this

act, and:

a. the child and the child's parents, or the child and at

least one parent or a person acting as a parent, have

a significant connection with this state other than

mere physical presence, and

b. substantial evidence is available in this state

concerning the child's care, protection, training, and

personal relationships;

3. All courts having jurisdiction under paragraph 1 or 2 of

this subsection have declined to exercise jurisdiction on the ground

that a court of this state is the more appropriate forum to

determine the custody of the child under Section 19 or 20 of this

act; or

4. No court of any other state would have jurisdiction under

the criteria specified in paragraph 1, 2, or 3 of this subsection.

B. Subsection A of this section is the exclusive jurisdictional

basis for making a child custody determination by a court of this

state.

C. Physical presence of, or personal jurisdiction over, a party

or a child is not necessary or sufficient to make a child custody

determination.