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EspañolI was granted temporary custody with my protection order. Can I take my kids out of the state?
Whether you can take your kids out of state may depend on what exactly your protection order says about custody and visitation. You may have to ask the judge for permission before you leave the state with your kids. If the abuser has the right to visit with your children, then you may have to get the order changed. You may have to convince the judge that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws, go to our MD Custody page.
If you are unsure whether or not you can take your kids out of the state, talk to a lawyer who understands domestic violence and custody laws. You can find contact information for legal assistance in Maryland on our Maryland Finding a Lawyer page.
I was granted temporary custody with my protection order. Will another state enforce this custody order?
Federal law, which applies to all states, considers custody, visitation, and child support provisions that are included in a protective order to be enforceable across state lines under the theory of “full faith and credit.” Law enforcement and courts in another state are generally required by federal law to enforce these provisions1 assuming they comply with certain federal laws, specifically the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
1 See 18 USC § 2266(5)(b)
