Obtaining emergency child custody in Oklahoma involves a legal process designed to protect the child from immediate harm. Emergency custody orders are temporary and typically granted in situations involving immediate dangers to the child’s well-being. Here are the steps to take to get emergency child custody in Oklahoma:
1. Assess the Situation
First of all, determine if the child is in immediate danger. Emergency custody is typically granted in cases of abuse, neglect, or other situations that pose a significant risk to the child’s safety and welfare. Gather evidence, such as photographs, medical records, police reports, witness statements, or any other relevant documentation that supports the need for emergency custody.
2. File a Emergency Custody Petition
Your attorney is able to help you draft a petition for emergency custody, which should clearly outline the reasons for the emergency custody request, as well as any evidence of immediate danger to the child. Attach any supporting documents to the petition, such as evidence of abuse or neglect or reports from child protective services.
File the petition and supporting documents with the district court in the county where the child resides. Include an ex parte motion requesting that the court issue an emergency custody order without notifying the other parent. Ex parte motions are granted without the other party being present due to the urgent nature of the situation.
3. Attend the Hearing
The court will schedule an emergency hearing, often within a few days of filing the petition, so be ready. During the hearing, present your case to the judge, including evidence of the immediate danger to the child.
4. Obtain the Emergency Custody Order
If the judge finds that the child is in immediate danger, they will issue an emergency custody order, which temporarily grants you custody of the child until a more thorough hearing can be conducted. The emergency custody order will outline the specifics of the custody arrangement, including any visitation rights for the other parent and instructions regarding the child’s care.
Afterwards, you must serve the other parent with a copy of the order and petition. This will notify them of the court’s decision as well as the upcoming full custody hearing.
5. Full Custody Hearing
The court will schedule a full custody hearing to make a more permanent determination regarding custody arrangements, so continue to gather evidence and prepare for the full custody hearing. Don’t worry, your attorney will help you prepare and ensure that you present a strong case to the court.
Attend the full custody hearing as scheduled by the court, where both parties will be able to present their case. The judge will consider all evidence and arguments presented before making a final custody determination.
Tulsa County Emergency Child Custody Lawyers
Obtaining emergency child custody in Oklahoma requires assessing the immediate danger to the child, filing a detailed petition with supporting evidence, as well as attending an emergency hearing. Consulting with an experienced family law attorney can provide crucial guidance and representation throughout the process. Remember that emergency custody orders are temporary, and you will need to prepare for a full custody hearing to establish a more permanent arrangement.
Our team here at Tulsa County Lawyers Group will guide you through the process. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.