Divorce Support Forums: Moving On

I am legally divorced as of last fall ('07). Ex left me and our kids in January of '06 to live with another woman. He lives and works out of state with her, but has a home (family estate) here in NY, so when he has parental time, he spends time with our kids there. His parental time is generous compared to most situations I have heard of.

We settled everything last year (though he still owes me 1/3 of the financial settlement, I agreed to wait until July of this year). Our agreement has everything documented fully, regarding the kids (I have physical custody, we have joint legal custody).

I am now in a relationship (have been for a while) with another man. We want to move in together, with my kids, into his house. He lives 25 miles away, in a different county, but in NY state. It is a different school district. I plan to keep my older son in his present school (because he is in high school and I work nearby, so this is possible). I plan to send my younger son to the local public elementary school in the new district. I plan to transport them back and forth to their father so that he may continue to have his regular amount of parental time, even overnights.

He is objecting to my move and he says legally I cannot do it, because I cannot take the children (really one child) out of the school district without his permission due to the joint legal custody we share.

I find this hard to believe. There is nothing in our agreement about moving (or not moving). I feel like I am going above and beyond for him; he feels I am pulling the kids away from him. I want to move on with my life, and this, for me, will be a new beginning. He has moved on with his.

What are my legal rights here, can anyone tell me?
Thank you.

Post Extras