Relocation: my ex is in FL and I am in NC

[frustrated]

I had a mediated divorce from my husband in June of 2007. In the divorce he agreed to let me move from FL to NC with our 3 children. The child support was $920 a month and I reduced it to $680 so that he could afford to feed the kids during the summer and meet ½ way for the scheduled visitation (spring break, ½ of Christmas, and summer). Since then the children have lived with me and he has missed several visits because he cannot afford the cost of gas.
I am now remarried and my husband has gotten a job transfer to AZ. I have agreed to maintain health insurance on the kids, pay the cost of the summer airline tickets, split the cost of Christmas tickets, and let him have all 2 weeks of Christmas vacation. He has agreed to this scenario but insists on getting a lawyer and filing with the courts and wants me to pay ½ of his lawyer fees. The divorce papers say that it cannot be modified without a new court order, but I assumed that we as parents could reach an understanding with bringing lawyers into the mix.
So I have a few of questions:
1) Do I need his permission to move to AZ (since I am already out of FL and this is a job transfer) if the visitation schedule would remain the same and he does not incur any additional transportation costs?
2) Does the 50 mile rule apply to me since I am not even in the state?
3) Can we agree on something without filing a motion with the courts?

[Attorney Howard Iken]

1) Do I need his permission to move to AZ (since I am already out of FL and this is a job transfer) if the visitation schedule would remain the same and he does not incur any additional transportation costs?

Technically yes. But I doubt a court would change a thing if he started an enforcement action.

2) Does the 50 mile rule apply to me since I am not even in the state?

Technically yes. But see prior answer

3) Can we agree on something without filing a motion with the courts?

To be safe it should be filed with the court. Not by motion - but by a joint stipulation that is mailed into the judge for a signed order.


Attorney Howard Iken