I am custodial parent and we are schduled for final divorce hearing next month. I have already moved out of state with kids and now my ex has responded to the papers he was served with and is going to fight me ovr the kids. He wants to make to where I can't leave with them. Would I have to move back? I have nothing to go back too.

Yes, you may have been named the primary custodian, but unless he was given no custodial and/or visitation right, you had no right to move if it meant he could not exercise what right he had.

I'm assuming you were given primary in some preliminary ruling by the divorce court. But since the divorce hasn't been finalized you need to obtain court permission to move. If you didn't you could be cited for contempt of court.

You really didn't give us enough information. ANY question on law needs to include your general locale as laws vary by area. Plus we needed to know what orders, if any, the court has previously issued.