Well if she has never filed for custody though the court then she does not legally have custody. however if she chose to move without going though the court and getting custody she can do pretty much what she wants. Because nothing has been court ordered. You can file for custody or joint custody and get the court to stipulate that the kids are not to be moved out of state and that time the court will stipulate visitations for you and also order child support. As for the proof of the children being yours is up to you to establish though a partenty test.
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