Legal Question in Family Law in California

The safest method to proceed would be to file a motion with the court requesting this move. If you move without court orders, your ex may succeed in getting a court order to have the children returned to California.

If there is no divorce on file and no court orders regarding custody, yes, you can move without his consent. For up to six months, however, California will still have jurisdiction over the children and you could be ordered to bring them back if he went to court.

Rather or not he is providing for the children, is not the basic question. More importantly is how involved he is the children's lives. That is what a court would focus on. I would suggest that you give him notice of your intent to move, probably by email, and give him at least 30 days of notice in case he wishes to file something in the courts. Better he file something before you leave than for him to do it after you leave and you then be forced to return. Good luck!

No notice is required unless there is a court proceeding or an order. If he does not live in California it is unlikely he will file something in California to try to bring you back to California. After six months the new state has jurisdiction regarding the children.