Full custody if my kids.

It depends what you mean by full custody. If you mean no visitation to him that is very difficult but not impossible. It really depends on the facts of your case. A move away is complex in family law. You should interview only for certified family law specialists when you speak with attorneys. Go to the state bar of California and they have a section that will allow you to see a listing of certified specialists in your area. Good luck.

I can't tell from your question if you have court orders already. If so you will need to file for a modification. You need to think about what kind of parenting you want him to have out of the 365 days and nights available, since I'm guessing you don't want him to have zero parenting. Also if you want to move out of state, you should discuss move away orders with an attorney given the complexity of your particular case. If this answer has been helpful, please indicate below. Visit my website at www.apriljoneslaw.com. Best, April Jones Attorney since 1991

The law says that judges must give custody according to what is in the best interest of the child. Judges look at the children’s health, safety and well being to decide whether to give custody to one or both parents. Courts also consider any history of abuse by one or both of the parents. Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny a parent’s right to custody or visitation just because they were never married to the other parent, or because they or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation. To decide what is best for a child, the court will consider: the age of the child, the health of the child, the emotional ties between the parents and the child, the ability of the parents to care for the child, history of family violence and/or substance abuse, and the child’s ties to school, home, and his or her community. The law on move away cases is very complicated and changing. You should talk to a lawyer if you want to move away with your children or if you are worried that the other parent will move away with your children. Generally, a parent who has a permanent order for sole physical custody can move away with the children, unless the other parent can show that the move would harm the children. But it is not always clear whether a custody order is permanent or temporary, so what the law requires may be different in your case. Talk to a lawyer to make sure how the law applies to your specific circumstances. If the parents have joint physical custody of the children, the parent wanting to move with the children must show that the move is in the best interests of the children. If you are worried that the other parent may want to move away with your children, or if you think you may want to move away with the children, you should talk to a lawyer before you make a parenting plan to make sure your plan protects your rights as much as possible. If you want to stay close to your children if they move away with the other parent, you can make a parenting plan that takes into consideration that your children are moving away and changes the visitation so that you can still have quality time with your children. Also, thanks to the internet, there are other ways for you to stay connected to your children, not just email. There is something called "virtual visitation" that helps you have “visits” with your children through web-site and camera-computer technology. Feel free to call me for a consult – 909-891-0906. Best of luck to you. Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation. If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

There are two different types of custody, one being legal and the other being physical. Legal custody of your children deals with what I call the "management making decisions" regarding your children ( what school they will go to, what religion they will be brought up in, what doctor(s) will they go to, etc... The physical custody issue deals with who the children will live with and what days they will live with the respective parents. Concerning "full custody" of your children, I don't know whether you are talking about sole legal and sole physical custody of your children or both. Generally speaking, both parents have the right to have joint legal custody of the children unless one parent can show that the other parent having such custody would be detrimental to the health, safety and welfare of the children. You mentioned dad's criminal background, depending upon the crimes he has been charged and convicted of may give the family law court enough reason to keep the children away from dad. We don't have enough facts to answer this question fully. Going to whether you can move them out of state would depend upon whether you have existing custody and visitation orders in place and what those orders say. A move away can be very time consuming and very costly, depending upon how much opposition you face from the father of the children. You definitely need to consult with an attorney if you are planning on moving out of state with the children.