would like to leave the colorado to louisiana with my baby

[jmmae]

i have lived with my boyfriend for 2-3 years. we have a 9 month old baby. things have been going downhill for a while now and last nite he finally told me to get out.
i would like to go stay with a friend in louisiana for a while. i need to know if i can legally take the baby out of state from him. he is on the birth certificate.
there have been no custody orders put into place as of yet. i am waiting on a call from my lawyer, which won't be until tomorrow (we've been through this once before but reconciled, will not reconcile this time, however).
advice would be much appreciated, as i don't know how much longer i can stall and stay in this home before things get ugly.

 

[Duranie]

If you leave the state, the boyfriend can file for custody and ask for the child to be returned. The state you are in now will have jurisdiction until the residency requirement is met for LA which is at least 6 months or longer. you should file for custody now and ask for permission to move but be prepared to prove the move is in the childs best interest, and not yours.

 

[jmmae]

i have no plans as of yet to move out of state. i just want to take a break from here for a while. like.. a few weeks, probably. i want to know if i can in trouble for kidnapping or anything like that.

 

[Duranie]

It is not kidnapping since there is no court order. But if dad wants his child back then he'll probably serve you custody papers.