There are times when a child is in imminent danger because one or both of parents are abusive. This abuse can involve drug use, sexual abuse, physical abuse or any other imminent risk of harm to the child. Oklahoma courts take the welfare of children very seriously. At those times the court must step in to determine in whose custody the child should reside under Oklahoma Emergency Custody rules. If after a hearing the judge determines that harm will come to a child he will order the child removed. This court hearing occurs quickly with the intent of avoiding imminent harm.
Oklahoma Emergency Custody Hearing:
According to Oklahoma Statute, Title 43., Marriage and Family, Sec. 107.4, in order to make a motion for an emergency custody hearing, one must demonstrate that the child is currently in surroundings that will endanger their safety or cause irreparable harm. Thus, the motion must be supported by an independent report, a police report or a report from the Department of Human Services. The motion is possible to make during child custody or visitation proceedings in court. In lieu of the above documents, a notarized affidavit from a person with intimate knowledge of the child’s current situation is also necessary. This must include the specific imminent harm to the child. The court must conduct a hearing within seventy two hours. Otherwise a motion can be presented to the judge who conducts an emergency custody hearing. The hearing must happen within twenty four hour of receipt of the motion.
Other Custody Questions? See our articles on Child Custody here.
The emergency custody hearing will be a non-jury trial and evidentiary rules will apply. This means that you should hire an Oklahoma emergency custody attorney to present evidence. Your lawyer will also cross-examine witnesses and perform all of the other legal and administrative requirements. As a result, this ensures that your case presents in full to the court. If you fear for the safety of a child in Oklahoma and think that an immediate protective change of custody is necessary, please give us a call today.
Free Consultation Regarding Oklahoma Emergency Custody:
If you have question about emergency custody in Oklahoma call and get free information. Our Tulsa family and divorce attorneys can either give you the answers you need or point you in the right direction. Call today
- Family Lawyers in Tulsa Discuss Threats by Phone During Divorce
- Protective Orders in Divorce
- Oklahoma Common Law Marriage and Divorce
- Dividing Debts in Tulsa Divorce
- Paternity Testing Discussed by Tulsa Family Lawyers
- Tulsa Lawyers Discuss Genetic Testing in Paternity
- Tulsa lawyers Discuss Guardianship by Power of Attorney
- Relocating Out of State With Children After Tulsa Divorce
- Oklahoma Same Sex Step Parent Adoptions
- Explanation of Protective Orders
- Family Emergency Custody in Oklahoma
- Marital and Separate Property in Divorce
- Oklahoma Alimony Information
- Some Facts about Divorce in Tulsa
- Mediation in Tulsa Divorce and Family Law
- Explanation of Temporary Injunction
- Alimony and Tulsa Divorce
- How To Change Your Childs Name in Tulsa
- Where Do I File Divorce Tulsa Oklahoma?
- Tulsa High Conflict Divorce Attorneys
- Grandparents Rights in Family Law
- Who Gets Your Inheritance in a Tulsa Divorce?
- Relocating With Your Child After Divorce
- Oklahoma Child Support How Much You Pay
- Prenuptial Agreements
- Step-Parent Adoption
- Temporary Guardianship Through Power of Attorney
- Same Sex Child Custody
- Uncontested Divorce
- How Long it Takes For a Tulsa Divorce
- Tulsa Divorce and Child Support
- Divorce and Child Custody
- Oklahoma Same Sex Divorce
- Family Lawyers Discuss Divorce and Paternity
- Child Support Attorneys in Tulsa
- Mediation and Tulsa Divorce
- Child Custody and Child Preference
- Where Do I File Divorce in Tulsa
- Family Attorney Discusses Divorce Process in Tulsa
- New Divorce Requirements for Oklahomans
- Tulsa Child Custody Attorneys