Oklahoma Emergency Custody Hearing Order Committee Notes are documents used by the Oklahoma Emergency Custody Hearing Order Committee to provide written guidance on the process of obtaining an emergency custody order in the state of Oklahoma. This includes information on the requirements for filing a petition, the hearing process, and the forms that need to be filed. It also provides information on the roles of the committee members, the legal standard for granting an emergency custody order, and the rights of the parties involved. There are two types of Oklahoma Emergency Custody Hearing Order Committee Notes: (1) General Notes, which provide an overview of the process; and (2) Hearing Notes, which are specific to individual hearings.
Oklahoma Emergency Custody Hearing Order Committee Notes
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Emergency Custody Hearing Order Committee Notes
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FAQ
You can file a request for a temporary emergency custody order in Oklahoma when your child's safety is at risk. A temporary emergency custody petition must be filed with the court and include a police report or affidavit from a trusted source. The police report is your strongest piece of evidence.
If you believe the child is in immediate danger, denying visitation may be permitted, but only with sufficient evidence to prove so. This evidence must be brought to a court to prove that the non-custodial parent should be denied visitation.
Legally, the custodial parent must follow the visitation schedule. A child must comply until 18 years of age or is emancipated. From a practical standpoint, it can be challenging to follow the visitation schedule if the minor child clearly expresses disinterest and refuses to travel to see the other parent.
The witness testifies in the affidavit regarding the circumstances that surround the child, the danger the child is in, and the likelihood of harm to the child if the motion is not granted. Then they sign the document and have it notarized. Once filed, the hearing on the motion must occur within 72 hours.
Per 10A O.S. § 1-7-105, the child has the right to communicate and visit with his or her family, kin, and community on a regular basis, provided the communication or visitation is in the best interests of the child.
§ 1-4-601, when the adjudicatory hearing is delayed, the emergency custody order expires, unless the hearing on the merits of the petition is held within 180 calendar days after the actual removal of the child and custody is returned to the parent or legal guardian from whom the child was removed, or as otherwise
When can my child decide which parent to live with? In Oklahoma, a minor child can express a preference as to where he or she chooses to live at the age of twelve (12).
What Age Can a Child Refuse Visitation in Oklahoma? Child custody orders govern visitation until a child reaches 18 or is emancipated. Each parent is required to follow the terms of a custody and visitation order as long as it is in place.