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EspañolI was granted temporary custody with my restraining order. Can I take my kids out of the state?
It may depend on what exactly your restraining order says about custody and visitation. You may have to ask the judge for permission before you leave the state with your children. 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, see our Rhode Island Custody page.
If you are unsure whether or not you can take your children out of the state, talk to a lawyer who understands domestic violence and custody laws. You can find contact information for legal assistance in Rhode Island on our Finding a Lawyer page.
I was granted temporary custody with my restraining order. Will another state enforce this custody order?
If your restraining order includes custody, visitation, and child support, these parts of the order can be enforced in any state. Law enforcement and courts must enforce your temporary custody order as long as it meets certain federal law standards.1
To have someone read your order and tell you if it meets these standards, contact a lawyer in the new state. To find a lawyer, go to Finding a Lawyer and choose the state from the drop-down menu.
1 18 U.S.C. § 2266
