I was granted temporary custody with my protection order. Can I take my kids out of the state?
Whether or not you can take your children out of state may depend on the exact wording of the custody provision in your protection order. You may have to first get permission from the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, and show the court that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws in Alabama, 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 lawyer who understands custody and parental kidnapping laws, and can help you make the safest decision for you and your children. You can find contact information for legal assistance organizations on our AL Finding a Lawyer page.
I was granted temporary custody with my protection order. Will another state enforce this custody order?
Custody, visitation, and child support provisions that are included in a protection order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1
118 USC § 2265(a); 18 USC § 2266(5)