It would depend on the custody agreement. Also, even if you were allowed to move out of state again, you probably wouldn't want to do it until after the divorce was final anyway, simply b/c you'd be coming back constantly for hearings and stuff, and it would get really expensive really quickly. I agree with nellie on talking to him before you go back and trying to make that a condition of coming back, that if you do he must sign a document giving you permission to take your son out of state should things not work out between the two of you. Even if the document turned out to be not legal in your state, it might give you something you can show a judge to get them to find in your favor on moving out of state.
at 6:19 AM on Mar. 1, 2010