Emergency Custody is a matter our family law attorneys deal with on a daily basis. In December of 2017, eight children were removed in and emergency custody action from a Cleveland home. The custody action started when an anonymous tipster tipped Police to search for a child’s body in the backyard. Upon finding the remains of a young child, the eight other children were removed by the authorities. While this is an extreme case, emergency custody and protective orders are used more often than you may realize. This article will explain more.
Oklahoma’s Emergency Custody Laws
Emergency custody orders are available in Oklahoma. As a result, once one files the court will hear the case within 72 hours. Title 43 §107.4 provides the elements a person must meet to file. Initially, you must have a report from the authorities. For example, this can be DHS or the Police. Next, you must get the report or a notarized affidavit from a person that has knowledge of the situation. Finally, courts or proper authorities must deem the situation dangerous and likely to cause severe harm to the children. Examples include: child abuse, drug addicts in the home, neglect, abandonment, etc.
Emergency Custody Orders and the Result
Once an emergency custody order finalizes, it can remain in effect for an indefinite period of time. Generally, the court will grant full custody to the non-custodial parent who moves for the order. This will make changes to the visitation schedule, if visitation does not fully terminate for the parent losing custody.
SEE OUR BLOG POST HERE IF YOU QUESTIONS ABOUT TEMPORARY GUARDIANSHIP OF CHILDREN.
Termination of parental rights means you will have difficulty regaining any type of custody of your children. You must appear at hearings to determine progress and capacity after going through mental evaluations and home checks. Further, some courts will require parenting classes and other types of counseling.
Tulsa Family Attorneys Can Help
If you find yourself filing emergency custody orders or being the target of one, call our attorneys. We have years of experience working in the family system and we can help you fight for your rights. Your first consultation with our family attorney is free. Call today 539.302.0303