If a child is in immediate danger, grandparents may be able to get emergency custody through the courts. In Oklahoma, grandparents play an important role in the lives of many children—and in some cases, they may be the only safe and stable option when a parent is unable or unwilling to care for a child. This article explains the legal grounds, procedures, and limitations for grandparents seeking emergency custody in Oklahoma.
What Is Emergency Custody?
Emergency custody is a legal remedy that allows someone to ask the court for immediate, temporary custody of a child when there is a serious and urgent threat to the child’s health, safety, or well-being. This is not a long-term custody solution—it’s a temporary measure to protect the child while the court investigates and determines next steps.
Oklahoma law allows non-parents, including grandparents, to petition for emergency custody when there is sufficient evidence that:
- The child is in imminent danger of abuse, neglect, or abandonment; and
- Remaining with the current caregiver poses a serious threat to the child’s physical or emotional well-being.
However, grandparents must show more than just disagreement with parenting decisions. The court looks for clear and convincing evidence of serious harm, such as:
- Domestic violence in the home
- Drug or alcohol abuse by a parent
- Severe neglect or abandonment
- Physical or sexual abuse
- Exposure to criminal activity
How Do Grandparents File for Emergency Custody?
To request emergency custody, a grandparent must file a petition in the district court where the child resides. This includes:
- A verified motion for emergency custody, outlining the facts that show why the child is in immediate danger.
- A sworn affidavit, explaining the specific reasons for the emergency request.
- Supporting documentation, such as police reports, medical records, or witness statements, when available.
If the judge agrees that an emergency exists, the court may issue a temporary emergency custody order without holding a hearing first.
What Happens Next?
If the court grants emergency custody to a grandparent, a hearing will usually be scheduled within three days. At the hearing, the court will decide whether to:
- Continue the temporary order,
- Return the child to the parent, or
- Take other steps, such as involving DHS or initiating a longer-term custody action.
The grandparent must be prepared to provide detailed evidence at the hearing and may want to consult an attorney for help presenting their case.
Do Grandparents Get Full Parental Rights?
No. Emergency custody gives temporary physical custody only—it does not terminate or permanently modify the parent’s rights. Long-term custody arrangements must be addressed in a separate custody or guardianship proceeding.
Tulsa Emergency Custody Attorneys
Grandparents in Oklahoma can step in to protect a grandchild who is in immediate danger by filing for emergency custody. However, emergency custody is just the first step in a potentially long and complex legal journey. If you believe your grandchild is in danger and needs urgent protection, a Tulsa custody lawyer can guide you through the process and ensure you understand your rights and next steps. For a free and confidential consultation, contact Tulsa Divorce Attorneys & Associates by calling (539) 302-0303 or online.