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The first step is to make sure an existing court order has been violated. Once the violation is established your attorney will prepare an Application for Contempt and set an arraignment date. At the arraignment the party charged with contempt will plead either guilty or not guilty.

In Oklahoma, if there is no custody order from a court, both parents are equally entitled to physical custody of any children born during the marriage or born to the parents before marriage. There is an agreement that the husband is the father, usually by signing his name on the birth certificate.

The application for temporary order addresses certain matters that will not wait for the pendency or the completion of a divorce decree. These matters include child custody, child visitation, child support, and things that need immediate attention and will not wait for the final decree.

Grounds for an Emergency Custody Order There must be a danger of irreparable harm to the child if the child continues to stay in that situation. This is usually done with a report generated by the police or the Department of Human Services. The report is attached to the motion asking the court for emergency custody.

Stat. tit. 10 § 700-701, the statute allows a custodial parent to temporarily delegate child custody in Oklahoma to another person via an executed power of attorney. This allows a custodial parent a quick and inexpensive way to delegate or transfer child custody in Oklahoma without having to obtain a court order.

Doing it yourself: You can write up court papers yourself and file them with the court clerk, asking that the judge set a hearing to decide if a modification of child support will be ordered. You should always talk to a lawyer and have your paperwork reviewed before you do this.