Can I get temporary emergency custody?
When you file a motion for an emergency custody hearing in Oklahoma, the motion (legal papers) must include either:
- 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 that if such conditions continue, the child would likely be subject to irreversible harm; or
- 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 the emergency custody would likely cause irreversible harm to the child.*
The judge is supposed to hold a hearing within 72 hours. If the judge fails to conduct a hearing within such time, 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.*
Depending on the specifics of your case, an emergency order can 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 will generally have 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, go to the OK Places that Help page.
* 43 O.S. § 107.4(A)