What Are the Steps to Get Emergency Custody of My Grandchildren in Oklahoma?

When a child is in immediate danger, Oklahoma law allows grandparents to request emergency custody of their grandchildren. This process moves much faster than a traditional custody case because its purpose is to protect the child from harm. If you believe your grandchildren are unsafe due to abuse, neglect, substance abuse, domestic violence, or abandonment, it is important to know what steps you must take and what the courts require.

1. Determine Whether the Situation Qualifies as an Emergency

Emergency custody is not granted simply because a parent is struggling or making poor choices. The court will only issue an emergency order when there is immediate, credible evidence that the children face imminent harm. Examples include physical abuse, sexual abuse, extreme neglect, a parent’s intoxication while caring for the child, violent incidents in the home, or a parent disappearing and leaving the children without care.

The court reviews whether the situation rises to the level of “exigent circumstances,” meaning the children cannot safely remain where they are even for a short time.

2. File an Application for Emergency Custody

To begin the process, grandparents must file a written Application for Emergency Custody in the district court of the county where the children live. This filing must include:

• A sworn affidavit describing the danger to the children
• Supporting facts showing immediate harm
• Any documentation such as police reports, photos, DHS reports, or medical records

Because emergency orders bypass many normal custody procedures, the affidavit must give the judge a clear and detailed explanation of the crisis.

3. Present Evidence to the Judge

After filing, the court may review the application the same day. Sometimes the judge will issue the order based solely on the written affidavit. In other cases, the judge may hold a quick hearing and ask the grandparents to explain the danger under oath.

Judges look for credible, specific facts — not rumors or personal disagreements with the parents. A detailed timeline of events, witness statements, and official reports significantly strengthen the request.

4. Temporary Emergency Custody Order Issued

If the judge finds that the children are in immediate danger, the court will issue a Temporary Emergency Custody Order. This order grants the grandparents short-term physical custody and authorizes them to protect the children immediately.

Once the order is granted, it must be immediately served on the parents and any other legal guardians. The emergency order will remain in place only until a full hearing can be held.

5. Attend the Follow-Up Hearing

Oklahoma law requires a prompt follow-up hearing so both sides can be heard. This is usually held within a few days. At this hearing, the judge decides whether to continue temporary custody, return the children to the parents, or set additional hearings.

The grandparents must present all available evidence showing why the children remain unsafe. The parents may respond and offer their own evidence.

These hearings often become the foundation for longer-term custody or guardianship decisions.

6. Prepare for Possible Long-Term Custody or Guardianship

Emergency custody is only a short-term remedy. If ongoing protection is needed, grandparents may need to file for:

• Temporary or permanent guardianship
• Traditional custody
• Continued protective orders

The judge will consider the children’s best interests, the parents’ ability to correct unsafe conditions, and whether grandparents can provide a stable living environment.

Why Legal Help Matters

Emergency custody cases move quickly, and judges require strong, legally admissible evidence. A misunderstanding or incomplete affidavit can result in denial of the emergency request — even when children are genuinely at risk.

An Oklahoma family law attorney can help you draft the emergency application, gather supporting documents, represent you at the hearings, and guide you toward long-term solutions that protect your grandchildren.

Tulsa Emergency Guardianship Attorneys

If you believe your grandchildren are in danger, immediate action is critical. Our family law attorneys at Kania Law Office can help you file for emergency custody and present the strongest case possible to the judge. For a free consultation with a Tulsa family law attorney, call Kania Law Office at 918.743.2233 or follow this link to ask a free online legal question.