I was granted temporary custody with my out-of-state protective order. Will this be enforced in Maryland?
Federal law, which applies to all states, considers custody, visitation, and child support provisions that are included in a protective order to be enforceable across state lines under the theory of “full faith and credit.” Law enforcement and courts in another state are generally required by federal law to enforce these provisions1 assuming they comply with certain federal laws, specifically the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
Note: Maryland law states that an order for protection does not include a support or child custody order2 so to be certain that your custody provision from your out-of-state order will be enforced in Maryland, contact a lawyer familiar with custody and restraining orders. To find a lawyer in your area, go to our MD Finding a Lawyer page.
1 See 18 USC § 2266(5)(b)
2 MD Code, Family Law, § 4-508.1(a)(2)