How to Obtain Temporary Emergency CustodyPutnam Law Office
In some instances, you may want to gain emergency custody over your children, particularly if they are in danger. This is possible, but only under certain circumstances. Being aware of what those circumstances are can help you prepare for what may happen. If you have concerns when your custody request is denied, talk to an Oklahoma divorce attorney who can help you explore your options.
When Temporary Emergency Custody is Given
Family courts only consider temporary emergency custody orders in certain situations. Many of these situations revolve around the child’s safety and the best interests of the child standard. The best interests of the child standard prioritizes a child’s emotional and physical safety during legal decisions like this.
A pre-petition emergency custody order is only considered by the judge if there is:
- An imminent threat to the child
- This threat places the child at risk of harm
- Efforts made to remove the child from harm have failed
The judge will also consider whether efforts were made to prevent the child from being removed from the child’s home. This plays a role in meeting the child’s best interests. However, the child’s best interests can be overlooked when the situation involves risking the child’s safety. In other words, if leaving the child in the home threatens the child’s safety, then a judge can justify removing the child from the home.
Threats to a child’s safety might be abuse in the home, domestic violence that harms the child, or chronic substance abuse that harms the child. Other threats may involve unsafe home environments or a parent who is unable to safely raise the child. A judge will take all of these factors into consideration when deciding on an emergency custody order.
How to Request Temporary Emergency Custody
You can file a request for a temporary emergency custody order in Oklahoma when your child’s safety is at risk. A temporary emergency custody petition must be filed with the court and include a police report or affidavit from a trusted source. The police report is your strongest piece of evidence.
However, if you have to use an affidavit, make sure the person doing the affidavit is someone who witnessed the child’s safety being put at risk. This can also be someone with firsthand knowledge of the risks your child is facing or could face. Once this is filed, the judge must schedule a hearing within 72 hours. If not, you can file a motion for a hearing within 24 hours.
Going through all of this can be confusing. Consider contacting an Oklahoma divorce lawyer for guidance.
Family Attorney in Oklahoma City
Not receiving the child custody orders you want can be frustrating. Feel free to ask an Oklahoma family lawyer for help if you have any questions about the child custody process. All you have to do is contact the Putnam Law Office today at (405)-849-9149 for a consultation about your case. Our goal is to help you defend your rights and achieve the divorce outcomes you want. Mr. Putnam is an experienced attorney in Oklahoma City, OK who can fight for the child custody orders you want.