I have physical custody of my children can I move out of state without the father or dose he have to move too?

Depends... in some states YOU can't pack up and take the kids away from the non-custodial parent by moving out of state... you would lose custody. NY is just one such state.

No, he doesn't have to move too. But if the move would interfere with his visitation rights you would have to get the visitation order modified before you could move.

Smoothy, do you see any clue that OP is in NY? Because I don't.

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Originally Posted by AK lawyer

No, he doesn't have to move too. But if the move would interfere with his visitation rights you would have to get the visitation order modified before you could move.

Smoothy, do you see any clue that OP is in NY? Because I don't.

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No they didn't... I threw that out there since they didn't give us a state at all... and I know for a fact NY treats this situation in this manner. They will have to answer and give us further information.

Does he have any court ordered visitation? You cannot move if it will change his ability to visit unless a court modifies the visitation.