When Danger Is Present, Emergency Custody Is a Must
Video Transcribed: What constitutes an emergency in regard to emergency custody in the state of Oklahoma? Hello, I’m Oklahoma lawyer Brian Glass.
Emergency custody is defined as a reasonable suspicion of either a parent’s harm or a threat of actual harm to the minor child within the presence of their guardian, parent, or person left in charge of them. And this can either be a perceived threat or an actual threat, something that has actually happened, physical abuse to the child. There could be domestic violence in the presence of the child. This can look like any number of things, it’s found on a case-by-case basis.
If there are facts that will support a reasonable suspicion that the child is in fact either in danger or there’s an imminent danger in the future of the child, then an emergency custody hearing can be held. You can present this evidence to the judge and then the judge at that time will make the determination on whether an emergency exists enough to keep the child removed from the home, whether it be by the state or by a family member.
If you have any more questions regarding emergency custody or any other legal questions, you can find me, a Chickasha emergency child custody attorney, at chickashalawyer.com.