I am currently residing in California and currently have sole legal and physical custody of my ex's and I's 2 children. He, unfortunately, and not to bash, is a very bad alcoholic and even going to court this month for drunk in public and disorderly conduct (again). My current husband and I are wanting to move to another state. My ex has visits every other weekend and my 10 year old son does not want to see his father any longer due to his drinking (he even had it written in our child custody paperwork that he can drink with the children, but not be drunk). My question is... do I have the right to move or do I have to get a court order modified. Our current order does not put any restrictions on where I am living, etc... I have talked to a few different people and have got several different answers. One being that since I have sole legal and physical I do not need his permission and the other that I do. I did try to talk to him today about my move and was honest, but he told me I couldn't move.

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Originally Posted by wonbyjc

I My ex has visits every other weekend ....do I have the right to move or do I have to get a court order modified. Our current order does not put any restrictions on where I am living, etc...

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Generally, if a visitation time is scheduled,you have to modify your order.

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Originally Posted by wonbyjc

... My ex has visits every other weekend ...

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Ok. Just as long as these visits are honored, every other weekend, you can take the children to the moon with you, of you want. Just be sure to have them back every other weekend for that visitation.

I'm trying to understand how you have "sole" legal and physical custody if the court has ordered visitation. But as the others have said, if the court has ordered visitation you cannot move without modifying that order. You would be considered in contempt of court if you do anything that prevents the father from exercising his court order rights.

On the other hand, I think that you should not have a problem getting such a modification giving his criminal record.

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Originally Posted by wonbyjc

(he even had it written in our child custody paperwork that he can drink with the children, but not be drunk).

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I am shaking my head on this one. I really find it hard to imagine a court that put it in writing that an alcoholic parent would be allowed to drink in front of the children. But it also points out that you don't have full custody.