Absent a court order or proceeding concerning the children, you may take your children and move.
Absent a court order concerning the children, both the mother and the father have equal rights. Each parent, absent a custody order or court proceeding, has the right to relocate or travel with his child as he sees fit.
This means that without a custody order the father can take the children anywhere. This also means that without a custody order the mother can take her children anywhere. There is no legal restriction on either parent relocating with the children to a different house or state.
When a custody action is filed, it must be filed in the home state of the child. The home state is the state in which the child has lived for the six months prior to filing. This is where jurisdiction will remain.
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