Legal Information: Oklahoma

Custody

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Updated: 
December 8, 2023

Can I get temporary emergency custody?

When you file a motion for an emergency custody hearing in Oklahoma, it must include either:

  1. a police report, a report from the Department of Human Services, or a report from another independent source that shows that:
    • the child is in surroundings that endanger his/her safety; and 
    • if such conditions continue, the child would likely be subject to irreversible harm; or
  2. a notarized affidavit from someone with first-hand knowledge that the child is in surroundings that endanger the safety of the child and that not granting emergency custody would likely cause irreversible harm to the child.1

The judge is supposed to hold a hearing within 72 hours of when you file the motion.  If the judge doesn’t conduct a hearing in that time frame, you can bring the motion to the presiding judge of the judicial district, who is supposed to conduct an emergency custody hearing within 24 hours.1

Depending on the specifics of your case, an emergency order could temporarily grant you custody, change your custody order, or terminate the other parent’s visitation.

If you also file a request for a more permanent custody order before the hearing date, the court generally has the power to keep a temporary custody order in place until a final hearing.

You may want to consult a lawyer before filing for emergency custody. To find one in your area, visit the Oklahoma Places that Help page.

1 43 O.S. § 107.4(A)

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