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If you do not wish to seek a divorce
, you can still seek a limited divorce
, which is similar to a legal separation
, but you will remain married.
If you file a petition for this or for divorce, you may seek temporary and permanent custody of your son, which would prevent your spouse from moving him out of the state.
If you do not wish to seek primary custody, then you would typically request in your petition that your spouse be restrained from moving with the child without your written consent or the permission of the court.
Here is a link that provides information on limited divorces:
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