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Know the Laws: Delaware

UPDATED April 12, 2017

Moving to Another State with an Order of Protection from Abuse

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If you are moving out of state or are going to be out of the state for any reason, your order of protection can still be enforceable.

Enforcing custody provisions in another state

back to topI was granted temporary custody with my order of protection from abuse. Can I take my kids out of the state?

Maybe. It may depend on the exact wording of the custody provision in your order of protection from abuse. You may have to first seek the permission from a judge before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody laws in Delaware, go to our Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in the DE area on our DE Where to Find Help tab on the top of this page.

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back to topI was granted temporary custody with my order of protection from abuse. Will another state enforce this custody order?

Yes.  Custody, visitation, and child support provisions that are included in a protection order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.*

* 18 USC § 2266

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