What Is Emergency Custody?

Emergency custody can often be a compusing topic for clients to understand. It is not something subjective, and sometimes seems to have different meanings to different people. The law says that for it be considered an emergency, the child would have to be in surroundings that endager the childs safety, and if the child were to stay in those surroundings they would be subject to irreparable harm. When asking the question then, “what would be considered irreparable harm?” it is left to interpretation by a judge. There are many opions on what the answer might be. Here are some examples.

Physical Abuse or Sexual Abuse

If there is evidence of domestic violence, physical abuse, or sexual abuse in the home, all judges would grant emergency custody. However things such as emotional abuse are subjective as some people may claim that raising your voice to a child is emotional abuse. A judge might not see it that way. That doesnt’t mean it wouldn’t be recognized in court, it just means that it would not be considered an emergency.

Drug Abuse In The Home

Proof of illegal drug use in the home would be considered an emergency. Illegal drug use would be substances such as meth, cocaine, heroin, or fentanyl. Marijuana would not constitute an emergency under the new medical marijuana laws in Oklahoma. However, just because medical marijuana is legal, doesn’t mean all possession is. If it is illegally used or obtained, it can be used to grant an emergency order. Alcohol abuse may also constitute an emergency custody order.

Uncontrolled Mental Illness

This is a delicate situation to deal with. For example, bipolar disorder itself is not an emergency. However if the person with the disorder is neglecting the child in the home, that would absolutely be an emergency. The same goes for other disorders such as anxiety or depression.

Contact A Family Attorney In Oklahoma

Keri Palacios is a family attorney that looks out for her clients best interest. If you need to file for emergency custody, call our office right away to schedule a consultation and get the representation you need.
Call Now Button