Understanding Emergency Custody: A Parent’s Guide
Hi, my name is Dylan Savage of Worth Law Firm. Today we are going to discuss the process of filing a motion for emergency custody.
In a situation where one parent believes that their children are in danger of having irreparable harm done to them, they may reach out to their attorney. They must explain to their attorney that their child is in a dangerous situation due to either the guardian or the other parent watching them.
Initial Steps in the Process
At that point, the situation needs to be explained to the attorney, who will then walk through it and determine whether the court will recognize an emergency. The attorney assesses the possibility of irreparable damage, which could be emotional or physical.
If it is determined that an emergency exists, the attorney will begin the process of creating the necessary documentation. They will need specific facts regarding where the child is currently being held, whether by the parent or guardian.
Preparing the Necessary Documentation
You will be required to write out a sworn affidavit, which means documenting all the facts known to you about the danger your child is in. This statement must be a firsthand account, as it cannot be based on hearsay or information received from another individual.
Once you write and notarize this affidavit, it will be attached to the motion for emergency custody. Your attorney will then present it to the judge, who will review the motion and the affidavit to determine if there is a risk of irreparable harm.
The Court’s Decision and Next Steps
If the judge finds that there is indeed a danger, the emergency custody will be granted almost immediately. At this point, you will be able to pick up your child, and if needed, assistance can be arranged with local law enforcement to facilitate this process.
Shortly thereafter, there will be a show cause hearing where you will present all known facts, give testimony, and prove to the court that an emergency existed. It’s essential to know that there are ways to ensure your child is removed from harm’s way if necessary.
Take Action Now
If you found this information helpful or know someone who might benefit from it, please share it or direct them to theoklahomaattorney.com to contact a lawyer in Oklahoma City. If you have any questions or need assistance from a child custody lawyer Oklahoma City, I invite you to call for a low-cost consultation at 405-888-5400. It’s been a pleasure speaking with you, and I hope you found this video valuable.
