I haven't been here in quite a while. I had finally come to grips with the fact that my marriage was over and that I would have to split my time with my son with my STBXWW. I guess things were going as well as could be expected, we were able to work out a 50/50 custody agreement without having to goto court and this seemed to work OK.

My problem now is, the divorce will be final in a few months and my SBTXW is already engaged to the man she had an affair with! If she wants to move on, fine, but he lives several hundred miles away and I know she is going to try to take my son with her! I love my son very much and cannot bear the thought of loosing custody of him. Does anyone here know how the courts view this? My X left when my son was 3 months old and we have split custody 50/50 since that date. Since there was no primary care giver and she is the one that is wanting to move away it just doesn't seem right that she could take my son.

Please help!!

Talk to your lawyer, this differs by state.
In my state, the non-residential parent would need to agree to a move out of state.
You've established a relationship if it has been 50/50 so that is good for your case.
If it gets contentious, the courts will look to the best interest of the child, not necessarily your X in this matter.
For example, will this move allow her to be a full time stay at home mom, if so the courts might view this favorably.
But if it will interfere with your parental rights and visitation, they will view it differently.
check on www.fathers4kids.org for more advice.

I was a CPS SW in NC and still am in the child mental health field here. The NC courts do not look favorably on the spouse having an affair. While we are a No Contest state that is only if both parties are in agreement to NO Contest. Make sure you have a lawyer with experience and make sure you make your wishes know to your lawyer that you do not want your child to leave the state. This is doable here in NC. Also, call your local clerk of courts office for info on how to proceed to block her from taking the child now.