I was divorced in 2003. Both ex and I live in Massachusetts, however all of my family are in Florida. I am possibly going to be transferred with my company and would like to move to Florida. I have been told that I should wait to file the modification after I already secure my job, home and enroll kids in school in our new state. My concern with this is that I could go to court and have the judge tell me I can't move!
I have also heard that I need to secure a job and gather all information on schools and place to live, then go to the courts. As we all know, the court system takes forever to give a date for modifications, so what if I do all my homework, get transferred and have to wait to receive OK from judge.

My ex is a money hungry jerk (hence the user name), and all he cares about is himself, but he will still fight me leaving the state for the sake of doing so. We would never be able to settle this out of court, by means of our own notarized agreement. Can anyone offer suggestions or advice? I need to move on with my life and need to be near my family, regardless of the distance. Thank you!

I was divorced in 2003. Both ex and I live in Massachusetts, however all of my family are in Florida. I am possibly going to be transferred with my company and would like to move to Florida. I have been told that I should wait to file the modification after I already secure my job, home and enroll kids in school in our new state. My concern with this is that I could go to court and have the judge tell me I can't move!
I have also heard that I need to secure a job and gather all information on schools and place to live, then go to the courts. As we all know, the court system takes forever to give a date for modifications, so what if I do all my homework, get transferred and have to wait to receive OK from judge.

My ex is a money hungry jerk (hence the user name), and all he cares about is himself, but he will still fight me leaving the state for the sake of doing so. We would never be able to settle this out of court, by means of our own notarized agreement. Can anyone offer suggestions or advice? I need to move on with my life and need to be near my family, regardless of the distance. Thank you!



It is up to the Court to evaluate the pros and cons of the move - I would not accept the job, enroll the kids and so forth and then file because you could very well be denied.

I don't know why the Court would deny the move if it's for the better (better income, better living situation, closer to family) but if it's to spite the ex, well, then it probably won't happen.

You can't change a Court Order by notarized statement so, yes, you need to go back and get a modification. If it's approved visitation will also change - obviously to longer periods (no more weekends) and there is a possibility you will either have to pay for the children's travel to see their father or split the cost with him.

As I said - if it's for their better good I don't see a problem - but I'm sure he will.