Now there really is only one good way to seek emergency custody of a child, and that is through guardianship.
Now, in determining whether or not a parent is unfit, Oklahoma courts have relied on several factors that are important in making that type of consideration. First of all, drug or alcohol dependence is something that we see a lot. If there is evidence that a parent is addicted to drugs or alcohol, and that substance abuse is occurring in the presence of the children, then there is a rebuttable presumption that that parent is unfit to take care of that child.
Tulsa Grandparents Rights attorney Justin Mosteller says is these situations where grandparents have stepped up and taken on the role of parent, then the court can order child support to help the grandparents maintain those children. In those situations, typically, you’ll have a guardianship case, and the results of that guardianship case will usually include an order for the parents to pay child support to the grandparents.