Child custody matters in Tulsa, Oklahoma can be stressful for both the parents and the children involved.
This is especially true if parents find themselves returning to court to re-litigate custody issues before a judge.
However, if you believe your child is in the custody of an abusive parent in Oklahoma, you should do all that you can to ensure your child is in a safe environment.
This includes filing a petition to modify custody with the court.
Initial Steps to Take in Tulsa
The first step in filing your petition to modify custody with the court will be to gather any evidence proving there is indeed an abusive parent in Oklahoma.
Any evidence must be gathered from someone’s firsthand knowledge of the events. This can include your children’s testimony or another relative’s witnessing of the abuse.
You should also take photos of your child’s injuries to present in court, as well. In serious cases, this may involve having child protective services conduct an investigation.
The CPS report can serve as evidence of child abuse in family court. Getting CPS involved is not necessary, however.
You must remember, though, that you must have some evidence that the abuse actually has occurred.
A suspicion of an abusive parent in Oklahoma will likely not be sufficient.
File an Emergency Petition with the Court
When your child is in imminent danger from an abusive parent in Oklahoma, you can file an emergency petition with the court.
An emergency petition is a mechanism that allows you to receive temporary custody, and immediately removes your child from the dangerous situation.
The benefit of an emergency petition is that you do not have to serve the abusive parent in Oklahoma.
The court is responsible for notifying them of the hearing, and their failure to show will likely result in the child being placed in your custody temporarily.
What Is an Abusive Parent in Oklahoma?
Child abuse can occur in many forms, though it is important to consider whether an objective person would consider an act against the child as “abuse.”
This is important in instances of corporal punishment.
Although some parents may use corporal punishment in the form of hitting, others may view this as abuse.
If the act of abuse arose of an act of corporal punishment, be sure to explain to the court that the incident was serious and went beyond mere punishment.
Documenting injuries or demonstrating that it happens regularly can strengthen your case.
Free, Confidential Tulsa Child Custody Consultation
Even when your initial court battle is over, allegations of an abusive parent in Oklahoma are serious and should not be taken lightly.
To determine the best course of action for your family in a situation related to child abuse, contact an experienced Tulsa child custody attorney today.
For a free consultation with an Oklahoma child custody attorney, call the Divorce of Tulsa Law Office today at 918-924-5526.
