Are you facing an emergency custody hearing in the near future? Or should you plan one?
Self & Spurgeon Legal Group should be your legal representation and advocate for any issues in your life regarding family law, divorce, and child custody in Oklahoma. Life happens and we understand that. However, when circumstances arise that portend the imminent end of your marriage, it’s important to settle any custody issues as quickly as possible, especially if any children are involved.
Even if you think that you and your spouse have an understanding and that things seem to be amiable, we’ve seen an arrangement crumble far too easily and too often, risking the custody status of your child.
While the content of this blog may seem extreme and dark, it’s important to read and not skip over. You may feel this subject doesn’t apply to you, however, more often than not, these situations happen exactly to people who feel it could never happen to them. We always hope that they won’t but occasionally wishing isn’t enough to save your children.
Imagine that you and your soon-to-be ex partner have an oral agreement that the children will be returned at a particular time but that time comes and goes. You have the right to be worried and when the children are finally returned to you, but without any written custody agreement, you don’t have the right to seek recourse against your ex partner’s actions. You would need a temporary or permanent court order, which would warrant an emergency custody hearing. Additionally, if your child is in imminent danger of serious physical harm, you may seek an emergency custody order through an emergency hearing.
What’s the procedure for an emergency custody hearing? We’ll tell you now, so you know exactly what to expect.
- Prior to requesting an emergency hearing, you should file a report with the police or the Department of Human Services.
- If the police or DHS investigative report is not available at the time you file for an emergency hearing, an affidavit of independent knowledge from a party and/or witnesses may be submitted instead of the police or DHS report. You should also provide the court with the date and incident/report number showing that you filed a report with the police (or DHS) that is still pending.
- It’s important to note that legally the court only has 72 hours to hold an emergency custody hearing after receiving a request. If the court fails to act within the 72 hours, the district court can be petitioned to act and that must take place within 24 hours.
- Ex-parte is a word you may hear in reference to child custody hearings. This means that one party of the custody hearing is not present in the courtroom.
- If the judge issues a temporary custody order, it is effective immediately.
- Please know you are called to a hearing, you must appear or you will be in default and will automatically lose.
Please check back for future blogs and in the meantime, do not hesitate to call the law offices of Self & Spurgeon Legal Group for any family law issues you may need help addressing. Contact us today to schedule a free 15 minute consultation.