I think your argument needs to include your reason for moving, documentation showing BM's lack of involvement, and a plan for ensuring BM maintains reasonable visits. If SS is allowed to testify, then that also may be beneficial. 

I think if you show the courts that you are willing to give BM alternating or half of school breaks and a large chunk of visitation in the summer, and have that plan up front, the courts will be more accepting of the request because it shows you are being proactive in ensuring SS maintains a relationship with both parents despite what BM says. 

He is 16. That has to help too.  

At 16, if SS wants to go and isn't actively having visitation with BM, I don't think you will be prevented. 

There has to be a reason and an aging/ailing parent is a reason. You can offer BM the standard out of state visitation (Spring break, 6 weeks in summer, 1/2 of winter break) and she probably still won't take it. It would only be for 1 year anyway, he will be 18 soon and I am assuming you won't be leaving until at least this summer. 

custody of SS-30 from birth.  She left SpermLand immediately after HS graduation to start university out of state and took SS-30, then 13mos old with her. That ended any need to consider the SpermClan ever again when it came to where DW chose to live. 

When DW moved for school, there was no established visitation schedule. Only a custody and support CO.

The SpermClan did attempt to take custody when the small town grapevine informed them that DW was dating someone.  They lost, full physical and legal custody for my DW was upheld, and they were awarded long distance visitation.  We never lived nearer than 1200 miles to SpermLand. Their visitation was 5wks summer, 1wk winter, 1wk spring.

I suggest that you engage an attorney to obtain clarification on the likely outcome of a move with the Skid.  There is likely risk or your side being on the hook for 100% of visitation travel costs for initiating the move.  Though that is a small price to pay to minimize a kid's exposure to toxicity.

My SS-30 has thrived. Both growing up and as an adult.  He is successful, independent, and a man of honor, character, and standing in his profession and his communty.

His three younger half sibs (sired by the same waste of skin donor as my SS) include one on the dole, one in prison and the youngest not far behind the inmate.

Do what you can to make the move if you can leverage DH's full legal custody and status as the CP to make that happen.

IMHO of course.

custody of SS-30 from birth.  She left SpermLand immediately after HS graduation to start university out of state and took SS-30, then 13mos old with her. That ended any need to consider the SpermClan ever again when it came to where DW chose to live. 

When DW moved for school, there was no established visitation schedule. Only a custody and support CO.

The SpermClan did attempt to take custody when the small town grapevine informed them that DW was dating someone.  They lost, full physical and legal custody for my DW was upheld, and they were awarded long distance visitation.  We never lived nearer than 1200 miles to SpermLand. Their visitation was 5wks summer, 1wk winter, 1wk spring.

I suggest that you engage an attorney to obtain clarification on the likely outcome of a move with the Skid.  There is likely risk or your side being on the hook for 100% of visitation travel costs for initiating the move.  Though that is a small price to pay to minimize a kid's exposure to toxicity.

My SS-30 has thrived. Both growing up and as an adult.  He is successful, independent, and a man of honor, character, and standing in his profession and his communty.

His three younger half sibs (sired by the same waste of skin donor as my SS) include one on the dole, one in prison and the youngest not far behind the inmate.

Do what you can to make the move if you can leverage DH's full legal custody and status as the CP to make that happen.

IMHO of course.