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)