I was granted temporary custody with my protective order. Can I take my kids out of the state?
Maybe. It may depend on the exact wording of the custody provision in your protective order. You may have to first seek the permission of the court 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 Alaska, go to our AK 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 lawyers on our AK Finding a Lawyer page.
I was granted temporary custody with my protective order. Will another state enforce this custody order?
Yes. Custody, visitation, and child support provisions that are included in a protective order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1 However, even if your custody order is enforceable in another state, you may need to seek a judge’s permission before trying to leave. See I was granted temporary custody with my protective order. Can I take my kids out of the state?
1 18 USC § 2266