How to Get an Emergency Custody Order in Oklahoma?

In cases where the child is in danger or where the safety of the child is likely to be jeopardized in the near future, this must include seeking temporary child custody. It is also referred to as the color of the law or as a legal process whereby one or the parent or the legal guardian may remove a child for the child’s own protection for a period of time. Of course, one should know how to get an emergency custody order for those who are in such an unpleasant situation.

What is an Emergency Custody Order?

The emergency custody order is, therefore, a legal decision on the parent or the guardian of the child with the legal custody of the child without the procedures that sometimes may be time-consuming. This order is preferred most especially when the life of the child is in danger, and the dangerous situations may involve Times or instances of abuse, negligence, or any harm. An emergency custody order is issued when the child is in immediate danger that he or she can face before the foster parent or the guardian can take the child into custody.

Grounds for Requesting an Emergency Custody Order

The Oklahoma courts particularly regard the provision of temporary custody orders for children since it entails the provision of emergency custody. The requesting parent or guardian has to show that there are special circumstances that warrant such an order to be given. Common grounds for requesting an emergency custody order include:

• Imminent Danger: If custody proceedings are initiated because the physical or emotional safety of the child is in peril or infrequent care, an ex parte order may enable the child to be taken out of the dangerous way.
• Abandonment: Sometimes, one of the parents has taken the child with them, or doesn’t provide the child with a proper care and supervision, and the other parent, therefore, requires the emergency custody for the child’s sake.
• Substance Abuse: If the parent or any person with legal custody of the child is engaging in substance abuse that is detrimental to the child, then the court can issue an Order for Emergency Custody to protect the minor.
• Threats of Abduction: They also offer an application for an ex parte order of custody when the parent has a strong belief that the other parent might abduct the child or take him or her to another state without legal permission.

The Process for Obtaining an Emergency Custody Order

An emergency custody order in Oklahoma specifies the procedure one must follow in order to be granted an order. Here’s an overview of the steps:

• File a Motion: 

The first step that one has to take is to file an application for an order of custody of the child in court. This motion shall set out facts as to why there is a need for the matter to do with one applying for emergency custody to be granted, and this should be followed with the police report, medical report, or statement from any witness.

• Provide Notice: 

Usually, the consent of the other parent or the legal guardian has to be obtained, or the court has to be informed that an application for an ex parte order has been made. This is because if giving notice would put the life of the child in even more danger, the court may not require the same to be given.

• Attend a Hearing: 

All things considered, it can be fairly assumed that there will be a hearing on the motion very shortly, if not at the current court. In this hearing, the requesting parent or guardian must state why custody is necessary in an emergency by presenting facts to support the allegations.

• Issuance of the Order: 

There is an emergency custody order where the court feels threatened that the life of a child is in danger. This order grants temporary physical custody of the child to the requesting parent or guardian pending a plenary custody trial.

• Follow-Up Hearing: 

Emergency custody orders Always, the custody orders are temporary, and another hearing will be set to decide on the permanent custody. This hearing enables both parents to give a side of the issue, and the final order on custody shall be provided with the best interest of the child in mind.

Entering and securing a temporary emergency custody order can be a dilemma that is not less stressful. To ensure that you have made the right filing and that you will be in a position to protect your child, it is recommended that you consult a lawyer. While engaging a professional who practices family law, you can get professional assistance to collect all materials, prepare a legal case, and represent your interests in court.

Conclusion

An emergency custody order in Oklahoma is a legal process that essentially means going to court for child custody with the intention of avoiding further harm to a child. For any parent or guardian facing such circumstances then it is crucial that one must have some knowledge of the reasons for making such an order, and the legal procedures that follow.