Can my sons father get custody if he cant read or write?

There is no literacy requirement to have custody of a child, as long as a person is capable of caring for the child's needs.  However, if you are better able to provide what the child needs emotionally, intellectually and physically, then it may be determined that it is in the child's best interest to remain with you pursuant to Virginia Code § 20-124.3.  Since you are relocating, that will obviously affect the father's time with the child and gives him the right to seek a change with the court, but he would still have to show that it is in the child's best interest to stay here with him, while you would have to show that it is in the child's best interest to move with you.  There is no clear cut rule on this, but is determined on a case-by-case basis. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.