Family Law Questions? Ask a Family Lawyer Online.
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The standard that the court will apply in determining whether or not to allow you to take the children with you would be the "best interest of the child" standard. This means that the court will take into consideration whether your ex has a substance abuse problem and whether it is in the best interest of the children and their safety for him to have any custody at this time. It is likely that the court would rule against giving him custody and would order that he complete substance abuse counseling/rehabilitation and establish his sobriety prior to reinstating custody. During this time, the court will likely allow you to move.
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