Out of State Court Orders

Get Legal Help Today

 Secured with SHA-256 Encryption

Out of State Court Orders

My ex-wife and our daughter moved out of state to ME. We have an AZ court ordered parenting plan that she is always violating. The judge in AZ finally found her in contempt of order and gave her a suspended sentence of 60 days in jail if it is violated again. How does that work if she lives in ME? Will the sheriff’s department in ME have no grounds to arrest her for an arrest warrant in AZ? Or, since child custody goes beyond state borders, will they have the right to arrest her once she violates it again because she will?

Asked on September 6, 2018 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have to file a legal matter in the other state's courts to request enforcement of the first state's order: states will honor and enforce each other's orders, but the second state's sheriff cannot and will not do so without an order from their own court. So you ask the ME court to issue an order or writ (terminology varies by state) that their law enforcement enforce the AZ order. Since it is difficult for a non-lawyer to file an action across country in a different state, you are strongly advised to retain a ME family law attorney to help you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption