Oklahoma Emergency Child Custody involves situations where someone claims to have personal knowledge regarding an immediate risk of harm to the child. You may have heard about the YouTube vlogger DaddyOFive. This user and his wife recently lost custody of their two youngest children under an emergency child custody order. The vloggers, Heather and Mike Martin, were emotionally and physically abusing their children and videoing it for YouTube. Among these so-called “pranks” were the Martins convincing their 9 year old son that he was a bad child and they were adopting him out, breaking his Xbox with a hammer for something he had not done, and screaming curse words at the boy for spilling ink he did not spill. The biological mother, upon learning of these videos made a motion for emergency child custody of the boy and his sister and won. However, this is only one example of how an emergency child custody order may work. This article will explain more regrading the Oklahoma emergency child custody process .
Oklahoma Emergency Child Custody
Oklahoma law allows for people to file emergency child custody orders. This requires that a court will hear the case within 72 hours from the filing of the motion. Under 43 O.S. § 107.4, you can find the requirements to filing an emergency order.
First, you must either have an independent report from the police or DHS or a notarized affidavit from someone with personal knowledge of the situation. Second, the situation must be dangerous and likely to cause irreparable harm to the child. Some of examples of a situation like this include: child abuse, drug abuse by a parent, neglect and abandonment of children, or exposing a child to a person who participates in such activities.
Result of Emergency Child Custody Orders
If a judge awards emergency custody to a party, it can have long-lasting effects. Generally, one of the most common results is the court granting custody to the parent moving for the emergency order. Further, it may make changes in the custody and visitation schedules. In the more extreme
cases, it could actually terminate parental visitation of the abusive or neglectful parent.
QUESTIONS ON CHILD PREFERENCE IN CUSTODY CASES? WE HAVE ANSWERS HERE.
Once you lose custody of your children, it is difficult to get it back. As a result, you will have to jump through a series of legal loopholes. This involves court appearances, evaluations by professionals, and sometimes parenting classes and counseling.
Emergency Child Custody We Can Help
Whether you need to file an emergency child custody order, or fight one, we can help. Our family attorneys have years of experience in custody courts. So we know the red-tape and how to get through it in a quick manner. Give us a call at 918.283.7394 for a free consultation.
