I'm sorry to hear about your situation and how your ex is threatening to make things as difficult for you as possible, especially given his track record on visitation for the past 4 years. You mention "divorce papers" but then also mention "agreement". It will depend on whether you have an actual separation agreement/custody agreement vs a court order/divorce judgment which INCORPORATES an agreement when it comes to enforcing the terms or if either side wants to change it. But either way, you should first start with consulting an attorney to simply review the actual document to confirm what it actually does and doesn't say. For example there is a big difference between mere notification of a move vs consent of a move. Also, if the document is silent or ambiguous regarding specifically moving out of state (not simply a change of local address), then he can likely file with the court to TRY and prevent the move and otherwise state his objections. But then it would be up to the judge to review the facts, evidence, and credibility of the witnesses to see if the move would be in the best interests of the child. You should consult an attorney.
Answered on May 30th, 2013 at 10:10 PM