Custodial Would Use a Notice of Suspension

Video Transcribed: So when should you use a notice of suspension versus filing an emergency? My name is Brian L. Jackson, I am a dads rights attorney in Oklahoma. And I’m here today to talk to you guys about the differences between a notice of suspension and an application for emergency custody and when each would be appropriately used. To start with, the application for emergency custody is contemplated under title 43.

And basically what you’re doing is filing a motion in the court that would ask the court to immediately award you custody of a child based on a threat of imminent, irrevocable harm to that child in the environment they’re currently in. Now, typically when you would use an emergency is if you have a situation where the other side is the custodial parent, either because you have a joint custody arrangement or because you have visitation, they have custody.

In contrast, a notice of suspension, number one, it’s not really a motion per se. What it is is basically notifying the court that you’re exercising your rights as the custodial parent to deny a visit because of suspicion of abuse.

Mainly, this is used in a situation where you are already the custodial parent, and the other party has visitation. And as I say, you have reason to believe that there’s abuse or neglect going on. And it’s a similar standard to the emergency standard because essentially, in order to justify suspending visitation, you still have to have a circumstance where there’s an imminent danger of serious irreparable harm.

And you should be aware that with the latter move, the reason why it’s important to understand it that way is, the usual response you get any time you file a notice of suspension is you will get served with a motion to enforce. That’s pretty common. That’s typically what happens when you suspend visitation, and that will force a hearing.

And at that hearing, you’re going to have to demonstrate that you denied visitation in good faith based on a good faith belief that the child was endangered somehow. So you’re still going to be more or less held to the same standard.

And if the court believes that you were not acting in good faith, you could be assessed… Well, you will be assessed attorney’s fees, and the court will order visitation to resume under a motion to enforce. You can be assessed attorney’s fees if you misuse an emergency.

If you file an emergency and the court relies on false representations by you, that is grounds for attorney’s fees. So that’s the essential difference between the two and when they’re used. If you’re sharing custody or if you’re non-custodial, it would be an emergency. If you are custodial, and the non-custodial parent has done something harmful or dangerous to the child, that’s of a serious nature, then you would use a notice of suspension.

Now, if you’re in a situation where you’re contemplating, for whatever reason, going with either of these, that’s an emergency, and you need a good lawyer. And in that case, you should go to Dads.Law, where fathers are not disposable.