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It is not mandatory that the court give your ex custody. The court can rule that your son stay with you and be relocated, even over your ex's objections. But there is a chance that they will say that you cannot take him away from his father. It has been my experience, however, that the court is usually much more lenient with military relocations. Just make sure you have a well thought-out game plan to tell the court about how you plan to help facilitate the visits between your son and his father.