I have primary physical custody of my children. My ex is supposed to have visitation two Sunday’s a month for a few hours, however, he has not seen or called about them since October of 2008. I am getting married and will be moving to another state this summer. What legal obligation do I have to inform him and what should I do so I will be protected legally?
You will need to apprise your ex of the move, and if he insists, you will have to make the children available to him for his scheduled visitation so long as the current order stands. If he insists on visitation due to your move, you will need to file a motion to modify custody based on your desire to move and present evidence to the court that he seemingly has no interest in their lives and that it would be in the children’s best interests to relocate with you.