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I have custody of my children, and plan on moving out of state in 7 months.The ex says no & I have no legal rights .

I feel I have rights due to the fact that there is a order of protection against him. He has also been arrested three times in the past year for breaking the order amongst other things. Iv'e heard I can take them and heard I can't. He has not paid any child support ever! he has been to rehab 5 times, and currently just left a half way house, he is also on a mandated drug treatment program for the next 5 months. Iv'e always worked, kept a house, and kept the kids in school. I have provided for them for the past 5 years while he has been doing his own thing. We just recently divorced, and in the agreement I have custody, he has visitation as agreedupon between us. With all of this said will I be able to move out of state and start a new life? He is going to fight till the end he says.

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Attorney answers (1)

Avvo Pro

Reputation Level 20
If you move away and this limits your husband's parenting time he may challenge you in court. You may want to read the Guide I've just published here on Avvo on the subject of moving away. It explains the factors a court will consider in determining whether to block a proposed move.

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