Thursday, October 23, 2008

Emergency Custody - Comparing Indiana With Oregon

Having written before about emergency custody in Indiana (here, here and here), I find The Oregon Divorce Blog's Can I get custody of my child now if he or she is in danger? instructive. Oregon has a statute on the subject:

"Oregon courts can award emergency custody even if there is no previous custody determination between the parties. ORS 107.097 provides in part that “[a] court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:

* (A) The party requesting an order is present in court and presents an affidavit alleging that the child is in immediate danger; and
* (B) The court finds, based on the facts presented in the party’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.”"
Indiana could use a statute like this. If nothing else, it would help if the court recognized the same requirement of immediate danger.

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