Emergency custody orders in Creek County Family Court are a big part of the courts daily business. A Delaware County woman and her estranged husband are facing numerous charges in child abuse, child endangerment, neglect, and more. DHS workers are also facing federal lawsuits over the situation, allegedly warning the woman and her husband about DHS interviews and visits beforehand. The abuse includes forcing a child to kill their pet by bashing its head into a tree, only allowing one bath per week, giving children food previously gnawed on by rats, and more. As a result, the children have been taken into emergency custody and will remain there.
Defining Emergency Custody in Oklahoma
Title 43 § 107.4 of the Oklahoma penal code provides the layout for emergency custody orders. In order to initiate an emergency custody hearing, a person must follow these steps:
- Provide the court with independent report from police or DHS agents that report and document the situation of the children; or
- Get an affidavit with a notary stamp from someone with personal knowledge of the dangerous situation; and
- Show that the situation is so dire that it is likely to cause irreparable harm to the child.
You may wonder what the court considers a dangerous situation. Well, this can include drug or alcohol addicted parents, physical or sexual or mental abuse, starvation, etc. Courts, under law, must hear emergency custody cases within 72 hours. Further, if courts fail to honor this obligation, then you may file another motion and the court will have to hear the case within 24 hours from that point.
Results of an Emergency Custody Order
If the court grants an emergency custody order against you, then you will likely lose your custody rights. You could also lose any visitation rights you may have. While termination of parental is a very serious consequence, it does happen. The party who files for the emergency order can sometimes receive a grant of permanent custody. This would mean that you would have little to no visitation with your children. Even more, you may have to pay for any medical or therapeutic services required to make the child whole again. The court will sometimes make you undergo some therapy programs yourself.
Creek County Emergency Custody Attorneys
Our attorneys understand the importance of children in a person’s life. Emergency child custody orders have long-term effects on the people involved. If you are facing a situation dealing with emergency custody, call our offices. Call us today 918.209.3709 Your first consultation is free.