The State of Oklahoma takes allegations of domestic abuse or other situations that place a child in imminent risk of harm very seriously. The courts have very specific requirements that must be met before it will issue an emergency custody order. Here’s a general outline of the procedure for filing for emergency custody and having a hearing in Oklahoma,
Legal Basis & Statutory Authority
The legal basis for bringing a motion for emergency custody is found in 43 O.S. 107.4. The statute requires that once a motion for emergency custody is filed, the court must hear the emergency within 72 hours. Oklahoma Title 10A also has statutory authority regarding cases that involve child abuse. Like 43 O.S. 107.4, the statute within two days that the child be taken into child protective custody.
What You Must File & Support
To request emergency custody, your motion must include evidence showing: there is an imminent risk of harm to the child. The danger must be immediate, not involving past danger that’s since been resolved. In addition to the risk of harm being imminent, the petition must set forth that the child will suffer irreparable harm if the emergency is not granted.
Acceptable supporting evidence includes:
There must be a DHS referral number. This is a formal investigation that the Department of Human Services is opening up an investigation regarding the risk of harm to the child. The affidavit must also contain actual knowledge of the emergency. This means that you must be able to, or have a witness present, what can articulate what they have witnessed with their own eyes. in your emergency motion was false, it may order you to pay all costs, attorney fees, and expenses incurred because of the emergency hearing.
Serving / Notifying the Other Party
Local rules very slightly between jurisdictions in Oklahoma. In Tulsa County, you or your attorney is required to give notice to the other side in the case. This notice can include a phone call from your attorney to the other side in the case and is not required to be sent by a process server. In many cases, you should notify the other parent (or opposing party) of the emergency motion, unless doing so would defeat the purpose (e.g. giving notice would put the child in more danger).
The Emergency Hearing: What Happens
The first hearing is what’s called an ex parte hearing. This means that testimony is offered only by the party that’s filed the emergency. The testimony will be about what you have witnessed and have actual knowledge of. You can also call witnesses or offer other proof that is relevant to the hearing.
The court will decide on the emergency based on the evidence and order a temporary emergency custody order. Within 10 or so days after the first order, the court will order the parties to a show cause hearing on why the emergency custody order should be extended.
Contact Our Tulsa County Custody Lawyers
Filing for Emergency Custody in Oklahoma is serious business. The statute surrounding this kind of special hearing is very specific in its requirements, and if not followed, may result in the case being dismissed. For a free consultation with an emergency custody attorney at Tulsa County Lawyers Group, call 918.379.4864. You can also ask a free online legal question by clicking this link.
