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I don't know if this has been said already, as haven't read the whole thread, but I read in law school a case where the parents shared custody and the wife wanted to move away and the dad tried to stop her. The wife had custody. They basically ruled that she could move wherever she wanted but couldn't take the kids. It created too much of a difficulty in the father's visitation rights. Now, how they enforced that, I don't know. I don't know if the caselaw has changed, what the laws of your state are, and whether there are other laws like Phobia referred to in employment.
As to the agreement being 50/50 and the actual split being 60/40, I'm not sure how that will be handled. In one way, an agreement between the two might take precedence and there's thus a tie. In the other, you can demonstrate a positive for why you should get primary custody. However, either way, if you two lived and raised your children together in the state and her moving would cause a great difficulty in your rights to visitation, then the court will go against it. This is subject to the disclaimer in bold above. But they will look at the whole situation and custody issues because that has to be determined, anyway.
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