A temporary child custody order is a short-term custody arrangement. These orders may be needed for both emergency and non-emergency reasons.
Our firm’s child custody attorneys can help clients seek temporary custody orders when necessary. We can also assist with all of your family law needs during a divorce or legal separation.
When Can You Seek Temporary Custody?
There are both emergency and non-emergency situations in which a parent may seek a temporary custody order in Oklahoma.
- Non-emergency – Parents can seek a temporary custody arrangement during a divorce or while modifying an existing custody agreement. The court can award temporary custody until the divorce is finalized, or the modification is concluded, and a permanent plan is in place.
- Emergency – One parent can make an emergency request for temporary custody if they have sufficient reason to believe that the child is at-risk of abuse, neglect, domestic violence, or abduction when with the other parent. One parent may also seek temporary custody if they believe that the other parent has physical or mental health issues or substance abuse issues that may endanger the child.
How To Seek Temporary Custody
The first step in seeking a temporary custody order is to file a motion with the family court in the county in Oklahoma where you live. This filing must include an affidavit detailing your reasons for the custody request. The court will then prepare a summons ordering the other parent to appear for a custody hearing. According to Oklahoma law, the custody hearing must occur within 30 days of when you filed (10 days if the request was made because of alleged domestic violence or abuse).
If the other parent does not dispute your request for temporary custody, the court will likely grant you the short-term arrangement you seek. If not, both you and the other parent will have the opportunity to make a case, which may include presenting evidence and calling witnesses. At the conclusion of the hearing, the judge will make a ruling. The judge can either grant your request as-is, deny your request, or order an alternative custody arrangement based on the evidence presented.
What Do Courts Consider When Awarding Custody?
Custody refers to both physical and legal custody. Physical custody determines where a child lives and which parent is responsible for their daily care and needs. Legal custody grants a parent the right to make decisions about a child’s upbringing, including decisions regarding their medical care, education, and participation in sports and activities. Physical and legal custody can be shared by both parents (joint) or awarded to only one parent (sole custody).
When deciding custody, the court will prioritize the best interests of the child. The court will consider the following when awarding temporary custody or ruling on a more permanent custody arrangement:
- Each parent’s ability to provide the child with a stable home environment
- Each parent’s ability to provide financially for the child
- Each parent’s ability to emotionally care for the child and ensure their safety and development
- Each parent’s physical and mental health
- Any instances involving abuse, neglect, or substance abuse issues
- The child’s relationship with other siblings and family members
- The child’s involvement in their school and other activities
- The child’s preferences (in cases involving older children)
- The ability of each parent to co-parent and cooperate
Contact Talley, Turner, Stice & Bertman for Help Seeking Temporary Custody
Talley, Turner, Stice & Bertman is dedicated to protecting the rights of parents in the Oklahoma City area. We can assist you in seeking temporary child custody and help you petition for a permanent parenting plan that is best for you and your child. We are also here for you in situations involving emergency requests for temporary custody.
Contact us online or call today to connect with our family law lawyers near you.