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Legal Information: Oklahoma

Parental Kidnapping

Laws current as of July 3, 2024

Can I get temporary emergency custody without a protective order?

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

  1. an independent report, such as a police report or a report from the Department of Human Services, that shows that the child is in a situation that endangers his/her safety and would likely experience permanent (irreversible) harm if that situation continues; or
  2. a notarized affidavit from someone with personal knowledge that the child is in a situation that endangers his/her safety and would likely cause permanent harm to the child if the emergency custody is not granted.1

The judge is supposed to hold a hearing within 72 hours of when you file the motion.  If the judge fails to hold the hearing within this time period, 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

You may want to consult a lawyer before filing for emergency custody. To find one in your area, go to our Oklahoma Finding a Lawyer page.

1 43 O.S. § 107.4(A)