In Creek County, grandparents may be able to get emergency custody of their grandchildren under certain circumstances. A court typically grants emergency custody when the child’s safety and well-being are at immediate risk, requiring swift legal intervention. For separated parents, this is filed through a paternity or divorce action. However, for a grandparent it can look much different. Here, we’ll discuss the conditions needed, the steps to follow for a grandparent getting emergency custody, and what it means for now and the future.

Understanding Emergency Custody

Emergency custody is a temporary legal arrangement that places a child under the care of someone other than their parents. Often this is due to urgent concerns about the child’s safety. Grounds for emergency custody may include:

• Abuse or Neglect: Evidence of physical, emotional, or sexual abuse by the parents or guardians.
• Abandonment: The child has been abandoned or left without proper care or supervision.
• Substance Abuse: The parents are involved in substance abuse that endangers the child’s welfare.
• Domestic Violence: Exposure to domestic violence that puts the child at risk.
• Mental Illness: Severe mental illness of the parents that impairs their ability to care for the child.

In order to obtain emergency custody, there must be compelling evidence that the child is in immediate danger. A child cannot be removed from the parents on hearsay. Further, emergency custody is not intended to be a permanent arrangement. In order to solidify custody, the grandparent would need to petition the court for guardianship. Most emergency guardianships will have a hearing scheduled afterwards where the temporary guardian will need to file for a final guardianship, or the court will have to make a decision on the child’s behalf.

Steps to Obtain Emergency Custody

Emergency custody is on a short-term basis until the court determines a more permanent solution. If you’re wanting to seek emergency custody, you need to do the following:

1. Consult an Attorney: Seek legal advice from a family law attorney experienced in custody matters. An attorney can help you understand the legal requirements and prepare your case for emergency custody.
2. File a Petition: File a petition for emergency custody in the form of a petition for emergency guardianship with the Creek County District Court. This petition must detail the reasons for seeking emergency custody, including specific incidents or evidence of danger to the child.
3. Provide Evidence: Present evidence supporting your claim that the child is in immediate danger. This may include things such as photographs, medical records, police reports, witness statements, or other documentation.
4. Attend a Hearing: The court will schedule an emergency hearing, usually within a few days of filing the petition. At the hearing, you will need to present your evidence and explain why emergency custody is necessary.

The judge will review the evidence and make a decision based on the child’s best interests. If the judge finds that the child is indeed in immediate danger, they will grant emergency custody to the grandparent.

Temporary Nature of Emergency Custody

Emergency custody is meant to be a short-term solution. Afterwards, the court schedules a follow-up hearing to determine the long-term guardianship arrangements. During this period, the court may order evaluations, home studies, or other investigations to assess the best permanent custody solution for the child. Factors considered by the court include:

• Stable Environment: The grandparent’s ability to provide a stable and nurturing environment for the child as well as able to maintain continuity in their life.
• Child’s Wishes: Depending on the child’s age and maturity, the court may consider the child’s preferences.
• Parental Fitness: The current fitness and ability of the parents to care for the child.

Overall, the court wants to preserve the best interests of the child in whatever decision they make. If the parents do the work to meet the standards of care that are required for the guardianship to be lifted, the courts will likely place the child back with the biological parents.

Creek County Child Custody Attorneys

Grandparents in Creek County can seek emergency custody of their grandchildren if they believe the child is in immediate danger. While emergency custody provides a temporary solution, prepare for subsequent hearings to establish a long-term custody arrangement. If this is something you’re wanting to pursue, our team at Creek County Attorneys can help you through the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.