I am planning on moving back to the county in which my children live now with their father primarily. Can I file for a modification based on that since the reason the judge said he could not award me joint custody during the last modification was because I had moved away. If I can file for a MOC when should I do it since I am buying a house there Dec 1st and moving in no later than Feb 1st 2012?
Yes, I would recommend you file for a modification since your returning to the county could be a substantial change of circumstances affecting the best interests of the children. I would suggest waiting until you have formally moved in before filing.
Do you recommend trying to workout something with my ex first before filing or just filing it? He will not speak to me or even answer the children’s question about me so I know it will not do anything but will it make a difference in the court’s eyes that I tried that first?
I can’t say that it will make a difference to the court at all, but I think it is worth trying since it will save you time and money in the event he will agree (however likely this is). You have nothing to lose by trying. Your remedy will just be to go to court anyway.