Generally speaking, if there are no custody or parenting time orders in place, and no action filed for dissolution, then there is no impediment to your moving. However, the state where the children have lived for the prior six months is the court which will have jurisdiction to determine custody and parenting time. What this means is that, absent some very special circumstances, the father could file a petition in his state, and you would have to respond in that court. What I suggest you do is to consult with an experienced family law attorney in your area to discuss these issues. With no orders in place I believe that the police would simply tell the father that there is nothing they can do, but seek local counsel's advice on this.
Answered on Jan 22nd, 2014 at 10:45 AM