Custodial Parent Relocating Back to Divorce State - Need to Revisit Visitation

[nursegene1970]

My question involves a child custody case from the State of: New York
Custodial parent considering moving back to New York which is the state where divorce and custody had been set. Currently non custodial parent has all holidays and all summer because child lives out of state. Will moving back to NY within 100 miles or so from non-custodial parent give non-custodial parent a traditional visitation schedule. Agreement states if custodial parent moves back to Long Island with child then the traditional visitation will be in order. Deplicts nothing about moving back to the State. Think there's a chance of a regular schedule?

[Mr. Knowitall]

If under the current order the move back triggers the "traditional visitation" clause, then you go with the order. If not, and you're not happy with the current order, try to reach a new agreement or petition the court to modify the order.

[nursegene1970]

If under the current order the move back triggers the "traditional visitation" clause, then you go with the order. If not, and you're not happy with the current order, try to reach a new agreement or petition the court to modify the order.

The current order states that if I move back to Long Island the traditional visitation would be in order. However, If I go I plan to move upstate (within 100 miles of the ex). Currently his father has all holidays and all summer (small holidays like labor day and presidents day as well). I am having to fly with my son for each one of these visits (costly). The ex has not come thru on his part of paying me off (1/2 cost of home where he resides) nor has he removed my name from mortgages totaling more than 600,000. So financially I am strapped. All child support if given on time (not normally) goes for airfare. Thinking If I move back to the state the traditional visitation will allow me to spend more time with my son on those HOLIDAYS and I would save a bundle in airfare. Do you think there will be a problem re-visiting the order if so how do I go about. Money is tight. Do I go to family court and file or should I let him. Many quesstions. Thanks for any help you can give.