Is there first right of refusal in your custody order? If not he can leave the child with whomever he wants to when it is his court ordered time to have the child.JanB said:So I have already talked to several more attorneys and they say "If dad is not their he cannot just leave your son with whomever he wishes when the other parent can be there day in and day out you have a good reason to modify custody."
If it is so important to you to have custody because dad is in the military, why didn't you have physical primary of the child in the first place? Was dad in the military when you got divorced? How old is the child?
Oh you said you have joint legal and physical but then in the earlier post you said you had joint custody with him having primary physical? How often do you get your son and where are you located in regards to where your son lives?