Okla. Stat. tit. 10, § 10-7503-4.1
This is the official text of Okla. Stat. tit. 10, § 10-7503-4.1, part of Oklahoma’s Stat. tit. 10, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10,." Browse the sections below, each linked to its official government source.
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Temporary orders of custody
Official statutory text
A. 1. If a mother of a minor born out of wedlock or a mother
and father of a minor born in wedlock appear before a judge of the
district court prior to the birth of the minor and request that the
court issue a temporary order of custody effective after the birth
of the minor to a child-placing agency licensed in Oklahoma, an
attorney licensed in Oklahoma, or a prospective adoptive parent who
has presented to the court a favorable preplacement home study, the
court may, following the birth of the minor but prior to the
execution of a consent or permanent relinquishment by such parent or
parents, issue an order of temporary custody to the agency or
attorney so designated or, upon review by the judge of the
preplacement home study, to the prospective adoptive parent.
2. A prebirth request by a mother of a minor born out of
wedlock or of the mother and father of a child born in wedlock for
an order of temporary custody shall not be construed to be a consent
to the adoption of the minor or a permanent relinquishment of the
minor.
3. Until such time as a consent or permanent relinquishment is
signed by the mother of a minor born out of wedlock or by both
parents of a minor born in wedlock, pursuant to the Oklahoma
Adoption Code, the mother of the minor born out of wedlock or either
parent of the minor born in wedlock may apply to the court at any
time to vacate the order of temporary custody. Upon such
application, the court shall set aside the temporary custody order
and order that the minor be returned to the parent.
4. The temporary order of custody issued pursuant to this
subsection shall, by its own terms, expire no later than ninety (90)
days after it has been issued by the court. Provided, the court
upon application may grant an extension if, prior to the
application, the mother of a minor born out of wedlock or the mother
and father of a minor born in wedlock have executed a consent or
permanent relinquishment and if the court has jurisdiction to
adjudicate termination of parental rights or adoption proceedings
pursuant to Section 7502-1.1 of this title.
Oklahoma Statutes - Title 10. Children Page 324
B. 1. After a birth mother of a minor born out of wedlock
executes a consent to adoption or a permanent relinquishment
pursuant to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma
Statutes, the court may issue an order granting temporary custody of
the minor to a child-placing agency licensed in this state, an
attorney licensed in this state or, upon review by the court of the
preplacement home study, to a prospective adoptive parent.
2. After the mother and father of a minor born in wedlock
execute a consent to adoption or permanent relinquishment pursuant
to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma
Statutes, the court may issue an order granting temporary custody of
the minor to a child-placing agency licensed in this state, an
attorney licensed in this state or, upon review by the court of the
preplacement home study, to a prospective adoptive parent.
3. The temporary order of custody issued pursuant to this
subsection shall, by its own terms, expire no later than ninety (90)
days after it has been issued by the court. Provided, the court
upon application may grant an extension if the court has
jurisdiction to adjudicate termination of parental rights or
adoption proceedings pursuant to Section 7502-1.1 of this title.
and father of a minor born in wedlock appear before a judge of the
district court prior to the birth of the minor and request that the
court issue a temporary order of custody effective after the birth
of the minor to a child-placing agency licensed in Oklahoma, an
attorney licensed in Oklahoma, or a prospective adoptive parent who
has presented to the court a favorable preplacement home study, the
court may, following the birth of the minor but prior to the
execution of a consent or permanent relinquishment by such parent or
parents, issue an order of temporary custody to the agency or
attorney so designated or, upon review by the judge of the
preplacement home study, to the prospective adoptive parent.
2. A prebirth request by a mother of a minor born out of
wedlock or of the mother and father of a child born in wedlock for
an order of temporary custody shall not be construed to be a consent
to the adoption of the minor or a permanent relinquishment of the
minor.
3. Until such time as a consent or permanent relinquishment is
signed by the mother of a minor born out of wedlock or by both
parents of a minor born in wedlock, pursuant to the Oklahoma
Adoption Code, the mother of the minor born out of wedlock or either
parent of the minor born in wedlock may apply to the court at any
time to vacate the order of temporary custody. Upon such
application, the court shall set aside the temporary custody order
and order that the minor be returned to the parent.
4. The temporary order of custody issued pursuant to this
subsection shall, by its own terms, expire no later than ninety (90)
days after it has been issued by the court. Provided, the court
upon application may grant an extension if, prior to the
application, the mother of a minor born out of wedlock or the mother
and father of a minor born in wedlock have executed a consent or
permanent relinquishment and if the court has jurisdiction to
adjudicate termination of parental rights or adoption proceedings
pursuant to Section 7502-1.1 of this title.
Oklahoma Statutes - Title 10. Children Page 324
B. 1. After a birth mother of a minor born out of wedlock
executes a consent to adoption or a permanent relinquishment
pursuant to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma
Statutes, the court may issue an order granting temporary custody of
the minor to a child-placing agency licensed in this state, an
attorney licensed in this state or, upon review by the court of the
preplacement home study, to a prospective adoptive parent.
2. After the mother and father of a minor born in wedlock
execute a consent to adoption or permanent relinquishment pursuant
to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma
Statutes, the court may issue an order granting temporary custody of
the minor to a child-placing agency licensed in this state, an
attorney licensed in this state or, upon review by the court of the
preplacement home study, to a prospective adoptive parent.
3. The temporary order of custody issued pursuant to this
subsection shall, by its own terms, expire no later than ninety (90)
days after it has been issued by the court. Provided, the court
upon application may grant an extension if the court has
jurisdiction to adjudicate termination of parental rights or
adoption proceedings pursuant to Section 7502-1.1 of this title.
Status: in_force · Read it on the official government site
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