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If you have a court order that prohibits relocation then you’ll have to get the order changed by the judge, or by his consent.
No, we never had any custody agreement when we separated as he didn’t care much about the children but now he’s just trying to make it hard on me so I can’t move on. Although, he’s already moved on and had a family. What should I do if there was no custody agreement.
If you’ve never had custody settled by either a sep agreement or court order, here’s what I would do:
1.) Gather any info you have regarding parent/teacher conferences you’ve attended, doctor appointments you’ve taken the kids to, school events attended, days of work you’ve missed to care for the kids, etc.
2.) File for primary or sole legal and physical custody of the children.
3.) Document any attempts to contact your ex and his response or lack of response.
Basically, since custody was never formally set forth, you are free to file. Once you have full legal and physical custody of the kids, you can move, unless there is some sort of preexisting arrangement banning you from moving or moving your children out of state.
The info and documentation are to help you in case he puts forth any resistance to either the claim for custody or the move. If you can prove that he doesn’t seem to care about being involved in his children’s lives and that he has resisted cooperation with you, then you have a better chance of succeeding.