Legal Information: Oklahoma

Parental Kidnapping

December 8, 2023

Can I get temporary emergency custody without a protective order?

When you file a motion for an emergency custody hearing in Oklahoma, the motion (legal papers) 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 that 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 the emergency custody would likely cause irreversible harm to the child.1

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.1

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.

1 43 O.S. § 107.4(A)

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