3 Examples of Emergency Custody Situations in Oklahoma
Child custody issues are not often cut-and-dry, especially when parents want equal time with their children or are fighting over who gets the most time with the kids. It can take a bit of back and forth while working out custody arrangements in a divorce. Unfortunately, there are situations where it is essential that children be removed from certain environments to keep them safe. In these situations, an emergency custody order may apply.
If you sincerely believe that your child is in imminent danger and an emergency custody order is necessary, the good news is that this type of hearing is typically swift. This is because when children could be harmed it is imperative to get them to a place where they are safe quickly.
Divorce and separation are stressful life circumstances. When children are involved and their well-being is at risk, this elevates the situation and makes it much more upsetting. For assistance with all matters of divorce and child custody in Oklahoma, the Oklahoma family law attorney at the Putnam Law Office can help.
When Does a Situation Merit an Emergency Custody Hearing?
Being a parent of a child who splits time between yourself and your ex can be incredibly difficult, particularly if you believe that your children are at risk of being hurt while with your ex. It is important to know that Oklahoma child custody laws are strict, and there is an emphasis on doing what is in the best interest of the children. However, there is also a focus on keeping both parents involved with their children, and therefore, there must be a clear justification that it is acceptable under the law to keep a child away from a parent.
Some examples of situations that a judge will likely agree are serious enough to warrant an emergency custody hearing include:
Sometimes signs of child abuse can be hidden and only a trained eye that knows where to look can see the symptoms and indications that abuse is present. In other situations, there is plenty of evidence to support that either sexual or physical abuse is happening. If this is true, then emergency custody will be granted.
Drugs and Alcohol
Illegal drugs that are in the home and consumed by one parent can constitute an emergency situation. While alcohol alone does not call for an emergency, a parent who has a history of alcohol abuse with a record of DUIs and reckless, criminal behavior while drinking could mean that alcohol present in the home is a problem and an emergency order may apply.
Severe Mental Health Issues
Mental health by itself does not mean that children cannot be with their parents who have certain conditions. But if a parent with a mental health ailment is not actively controlling it and managing it in a healthful way where they can be a responsible and responsive parent, then they may be a danger to children.
Speak with an Oklahoma City Family Law Attorney Today
Emergency custody is a serious thing. That is why establishing that a pressing and justifiably alarming situation is threatening a child is necessary. Not every concern is an emergency and nor should it be treated like one. Should there be an issue that demands emergency custody, though, the option is there for parents in this nerve-wracking situation.
Connect with the Putnam Law Office today if you would like assistance with your divorce and child custody needs. Schedule a free consultation with the attorney by calling (405) 849-9149.