§ 30-1-115 — Venue - Priorities of jurisdiction - Transfer -

Oklahoma § 30-1-115

• Jurisdiction: Oklahoma
• Title 30: Guardian And Ward

Text

Consolidation. A. The venue for a guardianship proceeding is in: 1. The district court of the county where the minor or the incapacitated or partially incapacitated person resides; 2. The district court of the county where the proposed guardian resides if the proposed guardian is a member of the minor's or incapacitated person's family; or 3. The district court of the county to which the cause is transferred by a judge of the court in which the petition was filed or the cause is pending. Provided, venue to appoint the guardian of a nonresident minor or incapacitated person shall be in a county where the nonresident has property. B. If a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to exercise jurisdiction over the proceeding and proceed with the action. A court shall not exercise jurisdiction over a proceeding for guardianship of a minor pursuant to this title if, at the time the petition for guardianship is filed, another court of this state is exercising jurisdiction pursuant to Section 1-4-101 of Title 10A of the Oklahoma Statutes, unless after notice to the parties in the deprived action, the written consent of such court is obtained and filed in the guardianship proceeding. 1. If proceedings concerning the same estate, minor, alleged incapacitated or partially incapacitated person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue. If the court where the proceeding was first filed determines that venue is properly in another court, it shall transfer the proceeding to the other court. 2. If the court finds that in the interest of justice a proceeding should be conducted in another court of this state, the court may transfer the proceeding to the other court. C. If both guardianship and conservatorship proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

Legislative History

Added by Laws 1988, c. 329, § 15, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 12, operative July 1, 1990; Laws 2005, c. 69, § 3, eff. Nov. 1, 2005; Laws 2009, c. 234, § 134, emerg. eff. May 21, 2009. NOTE: Laws 1990, c. 51, § 20 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.