Legal Information: General

Custody

Updated: 
April 27, 2023

Can I get temporary custody as part of a restraining order against the other parent?

Whether or not you can get temporary custody with a restraining order depends on the laws of your state and on the judge who hears your case.  In most states, you can ask for temporary custody of your children as part of a restraining order against the other parent of those children.  Not every state allows this, so you should read the particular rules on our Restraining Orders page for your state.  Also, even if your state allows for temporary custody to be given in a restraining order, the decision is up to the judge who hears your request for a restraining order.

Also, if the other parent gets a custody order from a different court, it might conflict with the custody provision in your restraining order.  If that is the case, you should talk to a lawyer to figure out if your temporary custody is still valid in spite of the other parent’s order.  To find legal referrals, go to our Finding a Lawyer page.

Who can help me with further questions?

WomensLaw.org strongly recommends that you talk to someone in a local domestic violence agency and a lawyer to help you with this decision, if you have not already. To find a local agency or someone who can help you, click on the Places that Help tab at the top of this page.

Remember, the information on this page is just general information. Your state may have differing laws or other things you can do.

You may also want to check your state’s custody page on this site for additional information.  Go to Custody and put your state into the drop-down menu. 

If I move to a new state, can I transfer my child custody case there?

After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.

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