Full question:
I reside in Oklahoma. The custody of my 8-year-old daughter is with her father. They stay in an industrial area with high pollutants in the air. The child gets asthma attacks and staying in this polluted area will aggravate her asthma. I would like to change the custody at the earliest. What is the remedy available for me to go for an emergency change in custody?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Oklahoma
Answer:
In Oklahoma, to request an emergency change in child custody, you can file a motion. This motion must include a notarized affidavit from someone who has personal knowledge that the child is in an unsafe environment. According to Oklahoma law (43 Okl. St. § 107.4), if available, you should also include an independent report, such as a police report or a report from the Department of Human Services, showing that the child's surroundings endanger their safety and that continued exposure could cause irreparable harm.
If no report is available, the notarized affidavit must state that not granting the motion would likely result in irreparable harm to the child. Once the court receives your motion with the necessary documentation, it has seventy-two hours to conduct a hearing. If the court does not hold a hearing within that time, you can present your motion to the presiding judge, who must then conduct a hearing within twenty-four hours.
Be aware that if the court finds any information you provided to be false, you may be responsible for all costs, attorney fees, and other expenses related to the emergency custody hearing. These must be paid within thirty days, or you could face contempt charges, which may result in up to six months in jail, a fine of up to one thousand dollars, or both.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.