Emergency Child Custody – A Way to Save Your Child from Abuse

Attorney with parents & their child

If one parent presents an immediate danger to a child, the other parent may seek emergency custody on a temporary basis. A court's reason for issuing an order of emergency custody may be substance abuse, abandonment, and other ruthless or threatening behavior. If you think your wife's or former spouse's actions threaten your child, what should you do to get temporary emergencies?

We have summed up the entire concept here. For a detailed consultation, contact our child custody lawyers in Oklahoma City.

Step 1: You should consult the family court with assistance of child custody lawyers in Oklahoma City if you know of a severe and immediate danger to a child that comes from either parent. Various states and jurisdictions have differing rules for the family law court, so call the court clerk to decide the court that deals with custody matters.

Step 2: When you know whom to call, any documentation to bolster your claim for emergency custody must be collected. Documents include medical records, any documented history of abuse, police reports, law enforcement, child mental health records, child protection, criminal convictions of the parent such as sexual offenses, charges of violent crime, child psychiatrist assessments, and other pertinent evidence.

Step 3: The petition requires identification for you and the child and details concerning the appeal for emergency custody. It’s always best to be as truthful as possible and use documentation to support your claim. You may have to copy and file the documents with the form yourself or directly bring the documents with you for court proceedings.

Father & child

Here are some FAQs for more assistance.

  • Which are considered ‘immediate harm or danger’?

Bear in mind it’s up to a judge's discretion. No law says what is considered harm or danger. In general, judges find that the abuse of drugs and alcohol can lead to harm. Furthermore, if the child is abused physically, the court may think that the child is in danger. Emotional abuse is not usually considered.

  • Who can take the child into temporary emergency custody?

Only selective persons can take a child into emergency detention. These include a policeman, a peace officer or a designated court staff. Individual states have different legislation on child custody in emergencies.

  • How to prove the immediate danger?

The most critical factors in the decision of the judge to grant any emergency order will be evidence. You won't receive even a necessary emergency order without proof. Have reports, photographs, texts, or any other matter.

  • What to do after the petition and gathering documents?

You must visit a Superior Court. Find the counter of the greeting to file all documents once there. Ensure you bring the originals and some copies of your documents. The employee shall stamp the documents, and file originals, then return your copies of the original. The judge then sends you to a location to file the copies of the same documents you filed. You’ll then be instructed where to wait for the judge. This process will be much easier on you with the help of a child custody lawyer in Oklahoma City.

  • What to do after the petition is granted?

The order shall immediately take effect. Your next hearing date will be provided to you. The order is in place only before the date of the hearing. The other parent is then given a chance to pose a defense. You must ensure that the emergency order is being served and the opposing party is ordered to appear on the given hearing date. In less than two weeks, you must be prepared to offer your proof and testify in your hearing.

  • Where is the child taken afterward?

If an emergency custody officer brings a child, the children can be taken for medical treatment or behavioral assessment as needed, or a foster home. Depending on the case, after emergency custody, children are sent back home. This takes place once the courts determine that there is not an immediate risk of child abuse.

It is essential for you to work with an experienced child custody lawyer in OklahomaCity if you think that your child is at risk and you need to get temporary custody in an emergency. Visit our expert team at Mazaheri Law Firm and get a proper solution for the best interest of your child.

** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.