Emergency Custody
Is abandonment grounds for emergency custody in Oklahoma? That’s the question that we have come in today that I’m answering. Is abandonment grounds to file for emergency custody?
In this case, the abandonment we’re talking about is one parent has the child, the other parent has left, didn’t say bye, just moved to another state, and is that grounds for emergency custody? Under that scenario, it would not be grounds for emergency custody.
Legal Considerations
At that point, the parent that would be seeking emergency custody already has physical possession of the child. So there isn’t the type of urgency that is needed for an emergency custody filing. In the state of Oklahoma, a file for emergency custody needed to show eminent danger of irreparable harm.
Well, is that child under the circumstances in eminent danger of irreparable harm? The answer generally that most judges would say would be no. The child is with this safe parent now that could protect that child from the other parent for long enough for that person to go through the normal court system and get a modification or file for a temporary order hearing and get into court that way to get an updated order.
Emergency Situations
Now, if the abandonment were different than the case we’re talking about in this circumstance, say that the parent had the child at home and that parent just left the child home alone, it’s a child much too young to be left home alone, that’s an emergency situation. Obviously, you want to resolve that not by getting a court order first, but by making sure the child is taken care of.
But that demonstrates that that parent put that child in danger and could potentially do so again in the future, so you’d have a stronger case for filing emergency custody for showing eminent danger of irreparable harm. But even then, the first thing you do is make sure that child is protected, call the police, get the child in your custody, and then that child is safe normally for long enough to go through the normal court process rather than filing for an emergency.
Consult an Attorney
But if you’re dealing with this circumstance, it is very case specific, so you’re not going to want to take general information, you’re going to want to talk to an attorney about the specific of your circumstances to see if there are grounds or a need to file for emergency custody in your case.
Get Legal Guidance Today
To speak with an attorney at my office, you can go online to MakeLawEasy.com to schedule a strategy session to discuss your situation in detail.
