Family Law Questions? Ask a Family Lawyer Online.
I certainly understand the situation and your concern. Based upon what you shared above, a motion would need to be filed with the court. In the body of the motion, it would need to be shown that it is in the best interest of your son, for him to relocate and live with you. At this point and his age, the Judge may be inclined to hear from him and he can express his desire as to which parent he wants to live with, full time. Unless the father agrees or until the Judge says otherwise, he can not voluntarily make the decision and the current custody agreement will control.