Dar, I think the advice for a lawyer is right on track. But I have another perspective that hasn't been addressed. First let me say that I divorced my first husband after 4 years and 2 kids. Those two are now grown, and they have shared with me some of their perspective of their growing up years. Second, if your son is in anyway vulnerable to abuse or neglect by being with his dad, adjust this advice accordingly.
I was adamant to make our divorce and custody issues as nondisruptive to their lives as possible. I don't have any problems with him. He paid child support and took the kids when it was his turn and was flexible with the arrangements. We didn't argue. It truly worked out quite well. BUT...
My kids still suffered. I eventually remarried and moved with them 6 hours away. They had a much better life and opportunity as a blended family than with me a poor single mother, and they love their stepdad, so I don't regret getting remarried. However, every 3rd week we drove them back home to see their dad, and it was brutal. Fortunately we only did that for a couple of years, but we were still 150 mies away after that.
My kids have said that they wish we had lived closer to their dad all through their childhoods. Not being able to go see him whenever they wanted was hardest when they were 8 and 9. I wish I had known this. There are lots of other things I wish I had known. We eventually did move back near their dad, and they were so grateful! But by then they were teens and the distance they naturally craved as teenagers was intensified. They needed their dad then more than ever, but they didn't feel so connected, you know? It breaks my heart to hear them reveal their perspective on that time. I didn't know. I couldn't know. I wish I'd known.
I'm sorry your son's dad is such a jerk. But he is your son's dad, and for your son's sake, do everything you can to facilitate the relationship while you still have the power to do so. If there is any way possible to live closer to him, I'd advise you to find that way. Your son will only be a child for a short time. If you blink you will miss it. Far be it for me to suggest you don't sacrifice for him, but maybe you can do a little more, by moving closer. Just for a time.
Good luck with the legal aspects.
Karen



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I have no choice but to trust he will remain sober when he has our son - it's out of my control. I am a documenting fool and if he screws up he pays the consequence. My son's safety is my first priority. 