Legal Question in Family Law in California

If there is no custody order, you are free to do as you please, bearing in mind that what you plan to do, unless he agrees, will almost certainly result in a court proceeding to establish a custody order. In addition, unless there is a compelling reason to change their living and school situation, AND it is what they want (since they are legally old enough to tell the court what they want), the chances favor maintaining the current situation.