I want to leave.

[mssngs2u]

I am married but I want out. The thing is I want to go to another state and take our son with me. There is no current custody agreement so if I leave state with the child can I be charged with kidnapping?

 

[jacksgal]

No but Dad can petition court and get order to return child back. If you want out find an Attorney you cannot just take a child from its parent

 

[Duranie]

Dad can easily file for divorce and for return of the child. The state you are in now will have jurisidiction so if your husband files, you'll have to return there for all court hearings and explain to the courts why you took the chikld out of state. You should talk to an attorney before you do anything. If you are allowed to leave the state, plan on providing transportation for all visits. Of course you can see if you can work something out with Dad as well.