My wife and I have been physically, however not legally, separated for roughly 14 months now. We currently live in the same city but have different residences. Initially she wanted a divorce but never went through with it. I don't necessarily want a divorce but after finding out she was cheating on me would like things to end. Now she's not willing to file for a divorce and I can't afford to do so.

I'm having a difficult time finding employment here due to the specifics of my education and work-experience but have recently been offered a position in Montana. I currently reside in California and primarily care for my children due to her work obligations. What are my legal rights to take the kids with me knowing she would come with or would say no, thus, more ammo for her since I'm unemployed? Being that we're still married but physically separated what are my rights in terms of relocating to Montana with my kids?

You might want to check out Child Custody Help and click on the link for the FREE 2008 Child Custody Checklist.

That will take you to a great site I found that was written by insiders who have been working in the field for 35 years. They have a TON of resources for custody issues related to Moms, Dads, and even Grandparents. Check out their library of publications, I bet they have something for people in your situation.

Good luck.