What Is Emergency Custody? - Kimberly Hays Law | Divorce Lawyer | Tulsa, OK
post-template-default,single,single-post,postid-16312,single-format-standard,bridge-core-3.0.2,qode-page-transition-enabled,ajax_fade,page_not_loaded,,qode-theme-ver-28.8,qode-theme-bridge,disabled_footer_top,wpb-js-composer js-comp-ver-6.13.0,vc_responsive

What Is Emergency Custody?

Emergency Custody Filing

What Is Emergency Custody?

There are times when emergency custody is needed. Emergency custody is an order issued by a court that gives a person immediate temporary legal authority over and responsibility for the care of a child. The order can be granted without notice to or consent from either parent, guardian, or other custodians in some cases. Emergency custody orders can be issued when necessary to protect the health and safety of the child. It is usually a temporary order and is meant to provide immediate protection until other arrangements can be worked out. Emergency custody orders are designed to protect a child’s physical and emotional health, safety, and well-being. In some cases, the custodian has the right to make decisions about where the child should live, who they should associate with, what kind of care and education they should have, and more.

Emergency Custody Attorney

When a court grants an emergency custody order, it is important to note that the order is not permanent. Depending on the situation, it may be necessary for parents, guardians, or other custodians to take action in order to regain full custody of the child when appropriate. It is also important to remember that emergency custody orders are not intended to resolve any long-term issues or disputes between parents or other custodians, but instead are intended to provide immediate protection and support for the child.

What Does It Mean to Have Emergency Custody?

Custody battles typically involve multiple court proceedings, fraught with passionate conversations as each side advocates for custody. In some cases, however, the court will intervene and issue an emergency custody order to protect a child from potential or immediate danger.

  • Such orders can be of utmost importance in ensuring that a young person is kept safe and provided with a secure environment.
  • If you fear for the safety of your child, filing an emergency custody order is imperative.
  • To do this, evidence from a professional, such as a police report or another specialist’s document, may be necessary.

However, even if no official documents are present, eyewitness reports can also suffice in acquiring emergency protection for your little one. In these urgent circumstances involving potential harm to children, contacting a Tulsa fathers’ rights attorney right away should be top priority.

Criteria for a Court-approved emergency custody decision

To obtain an emergency custody order, you must demonstrate to the judge that the child is surrounded by conditions that are hazardous. If your child remains in this state of affairs, they may suffer irreparable harm sufficient enough for court intervention.

  • This is typically done with paperwork generated either by the police or the Department of Human Services and appended to your motion requesting court intervention.
  • When necessary reports are hard to come by quickly, a notarized affidavit from an individual with direct knowledge of the circumstances can be used instead.
  • This testament must contain information about the child’s situation, any potential peril they are facing, and how immediate action is needed in order to protect them.
  • After signing off on this formality, it has to be certified by a notary public in order for it to hold legal weight.

Upon filing, the hearing for the motion must take place within 72 hours. In cases where it is not possible to have a timely session in court, however, one can present their request to the district’s presiding judge who will hold an emergency custody hearing within 24 hours.

Fathers' Rights Emergency Custody

The Court punishes those who deliberately fabricate falsehoods

Courts always prioritize the safety of any vulnerable child. However, since they base their decisions on factual information from your legal documents, it is essential that you present an accurate picture of the circumstances.

  • Though one may be tempted to flatter or exaggerate in order to obtain a favorable decision for your children, this is never preferable and can backfire drastically if detected.
  • Deliberate misrepresentations in an emergency custody motion will not be taken lightly by the court.
  • If it is found that a moving party has intentionally misled, they may have to pay for attorney’s fees and other expenses incurred as a result of their filing within 30 days’ time.
  • Additionally, violators can receive penalties consisting of jail time up to six months or fines reaching $1,000 or both per Oklahoma State Title 43 Section 107.4.
  • If you are facing a custody battle, it is of the utmost importance to hire an experienced fathers’ rights attorney.

Not only will they make sure that your filing documents are accurate and compelling, but they can also demonstrate the severity of this situation to the court. By doing so, you and your child may be able to obtain much-needed relief.

Consult an attorney before starting the process

It goes without saying that having an emergency custody order can be a life-altering decision for your family. Before taking this route, be sure to consult with a qualified Tulsa fathers’ rights attorney who can help you through the legal process and make sure everything is done correctly and efficiently.

  • With their assistance, you may have a better chance of winning a favorable decision without resorting to deception or other unlawful means.
  • In the end, your child’s safety is paramount and you want to make sure they remain protected with an official court order.
  • The emergency custody process can be daunting and complicated, but it doesn’t have to be if you have the right representation.

If you find yourself in a situation where filing for emergency custody is necessary, seek out an experienced fathers’ rights attorney right away it may make all the difference in ensuring your family’s well-being. With their help, your chances of obtaining a court-approved decision to protect your child could significantly increase. So don’t hesitate, act quickly! Get the legal advice you need in order to secure your family’s future.

Expediting the hearing

You may also want to consider filing a Motion for an Expedited Hearing as this allows the court to hear your case sooner. This is especially important if the safety of your child is in immediate danger. If approved, the court may grant you an emergency custody hearing within 24 hours.

  • However, it’s important to note that filing for an expedited hearing does not guarantee approval.
  • The decision will be based on a variety of factors including the urgency of the situation.
  • It’s also important to remember that emergency custody matters are heard in civil court and not a criminal court.
  • This means you’ll want to make sure your documents are properly prepared.
  • This allows you to be ready to present compelling evidence as to why granting an order is necessary.

Ultimately, when it comes to obtaining an emergency custody order, there are many factors to consider. Having a skilled father’s rights attorney by your side can make all the difference in achieving a favorable outcome for your family.

Filing for Emergency Custody

Secure the Future of Your Family with a Complimentary Consultation from an Emergency Custody Attorney who Specializes in Fathers’ Rights.

As a married or unmarried father, the only way to protect your legal interests when facing the family court is with an attorney experienced in fathers’ rights. They are committed to ensuring that you get the best outcome possible in every situation. With their help, you can secure the future of your family. Schedule a free consultation today to learn more about their services and how they can make sure that your parental rights are respected. Let them help you protect the ones who matter most in your life.

To Sum Up

Emergency custody is an order issued to protect a child’s safety when there is immediate danger. It is important that the filing documents accurately reflect the situation, as deliberate misrepresentations can result in serious consequences such as fines or jail time. Seek legal assistance from an experienced fathers’ rights attorney who specializes in emergency custody orders and can help you navigate the legal process. Doing so can give you the best chance of obtaining a favorable court decision while protecting your child’s safety and well-being. Schedule a free consultation with Kimberly Hays Law today to learn more about how they can help ensure the future of your family.

This is the 1200 pxi image.

No Comments

Sorry, the comment form is closed at this time.