I was granted temporary custody with my DVRO. Can I take my kids out of the state?
Maybe. It will depend on the exact wording of the custody provision in your DVRO. You may have to first seek the permission of the 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 judge that there is a fair and realistic alternative to the current visitation schedule.
To read more about custody laws in California, 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 domestic violence advocate or 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 CA area on our CA Places that Help page.
I was granted temporary custody with my DVRO. Will another state enforce this custody order?
Yes. Custody, visitation, and child support provisions that are included in a DVRO can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1
1 18 U.S.C. §§ 2266(5); 2265