In Oklahoma, using a protective order for custody and visitation is disfavored by the court. When you ask the court for a protective order the initial order is temporary and granted without a hearing. It is based on immediate risk of harm. In the initial stage the Judge may allow you to put the child on the order but this can change.
Once the case is set for trial the Judge in the case will probably tell you to remove the child. This doesn’t leave the child without protection but rather there is a better way. This is to file for emergency custody. If after hearing the evidence, the Family law judge determines that an emergency exists the judge will take steps to protect your child. This is done in a verity of ways depending on the facts of your case. One such way is to halt all visitation between the offender and the child.
Reasons The Protective Order Cant Be Used For Custody:
- Different Purposes: Protective orders are designed to prevent domestic abuse, harassment, and stalking. Child custody orders, on the other hand, focus on the best interests of the child. The aim is to provide a stable and nurturing environment.
- Separate Legal Proceedings: Custody is determined through separate legal proceedings, such as divorce cases or paternity actions.
- Limited Scope: While a protective order can temporarily restrict an abuser’s contact with a child, it doesn’t establish custody, visitation schedules, or decision-making authority.
Protective Orders Impact On Child Custody:
- Evidence in Custody Case: The fact that a protective order was issued against one parent can be used as evidence in a custody case. It can demonstrate a history of domestic violence or abuse, which the court will consider when determining custody arrangements.
- Temporary Emergency Custody: In some cases, a judge might include a temporary emergency custody order within a protective order if the child is in immediate danger. This is a temporary measure until a full custody hearing can be held.
Consider The Following:
- Custody is Complex: Child custody decisions are based on various factors. Those include the child’s age, health, relationship with each parent, each parent’s ability to provide care, and any history of domestic violence. The States position on custody is that its in the best interest they have equal access to both parents. Although this is the States presumptive position you can still offer evidence that joint custody is not best for your child depending on the facts of your case.
- Seek Legal Advice: If you’re facing a custody dispute and domestic violence is involved consult with a family law attorney. With the help of an attorney many things may be possible. If the other parent is proven to be an abuser not only is their custody impacted by the finding they may also be required to pay your attorney fees in the case.
Tulsa Child Custody Attorneys On Your Side
Using a Protective Order For Custody And Visitation in Oklahoma is not allowed. While a protective order is a valuable tool for safety, it’s not a substitute for a custody order. You’ll need to pursue custody through separate legal channels. This includes emergency custody or other orders of the court. In other proceedings, findings of domestic violence are important. They can be used in your case as evidence in determining the best interest of the child. For a free consultation with a child custody attorney at Tulsa Divorce Attorneys and Associates call 539-302-0303 or click here to ask an online legal question.