Thank you for the additional information. The father does have legal rights to the child, so it is not a situation where you can just pack up and leave, once the divorce is final. The reason being, is that the Judge is likely going to order custody and visitation, which will be decided on the best interest of the child
. In an ideal situation, with him being in the military, he would agree on giving you custody and you and him would work out a visitation schedule, when he returns. I assume if he is deployed a lot, he is not around, so to force you and your child to reside where you currently are, would not necessarily be reasonable, if there are better opportunities elsewhere. If you currently have other family in the State and he wants to return there to be with them, it may be an issue but like I said above, that is for the Judge to decide. In the divorce decree, you would need to have it ordered that you not only have custody but can relocate outside of the State with the child. The failure to do so could result in contempt or even criminal charges, if his rights as a father are taken away and/or you were to violated a court order.
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