I was granted temporary custody with my protection order. Can I take my kids out of the state?
Maybe. It might depend on the terms of the custody provision in your protective order, whether or not the abuser was granted visitation/custody rights, etc. You may have to first seek the permission of the court before leaving. For legal advice on your particular situation, go to our MD Finding a Lawyer page. To read more about custody laws in Maryland, go to our MD 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.
I was granted temporary custody with my protection order. Will another state enforce this custody order?
Yes. 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.
1 See 18 USC § 2266(5)(b)