If your joint custody
agreement and order specifically state that your son will live with your ex-husband during the school year and you during the summer, then you will have to return to court to modify the custody arrangement. If you merely orally agreed to allow your son to live with your ex-husband throughout the school year, and the custody agreement and order do not state this, then you may not have to go back to court.
However, you may want to pursue this in court anyway, to alter the court order concerning custody. You would file locally. You have several very significant changes in circumstances that are worrisome, and which could impact on your child's safety and well-being:
1) A child of 8 years of age is not old enough to be left alone without any adult supervision.
2) An ex-con who has lost parental rights
to his own children is not a fit housemate for your child, and could potentially pose a risk to your child, from a safety perspective as well as from a role-model perspective, as to what is "normal".
3) A child should attend school, and taking a child out of school a week early is a very bad sign of how seriously your ex is treating your son's education.
You would be best served by retaining a family law
attorney locally, now, while you have physical custody of your son. It is possible that once an attorney is involved, your ex will not fight a change in where your son spends the majority of his year. But be ready for a fight if it becomes necessary.
Good luck to you!
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Attorney at Law
Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.