Legal Information: Florida

Restraining Orders

View all
March 3, 2022

I was granted temporary custody (sole responsibility) with my protection order. Can I take my kids out of the state?

Maybe. It may depend on the exact wording of the custody (parenting plan) provision in your injunction. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights (time-sharing) 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 (time-sharing) schedule. If you intend to move more than 50 miles away (and the abuser doesn’t agree to this), you would need to file a petition to relocate and prove to the court that relocating is in the best interest of your child.1 For more information, see I want to relocate with my child. What steps do I have to take? To read more about custody laws in Florida, go to our FL 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 (parenting plan) 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 FL area on our FL Places that Help page.

1 F.S.A. § 61.13001

I was granted temporary custody (sole responsibility) with my protection order.  Will another state enforce this custody (parenting plan) order?

Yes. Custody (sole responsibility in a parenting plan), visitation (time-sharing), and child support provisions that are included in an injunction can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1 The custody and visitation portion of your injunction is not enforceable, however, if a more recent custody/visitation order has been entered since your injunction was issued.

1 18 USC § 2266

WomensLaw serves and supports all survivors, no matter their sex or gender.