If there is no court order in effect, then you can take your child out-of-state. However, your husband can go to court in your current state and obtain a court order which will require you to return. If you don't return you can be charged with parental kidnapping. The best and safest way for you to obtain legal custody of your child is for you to go to court first before moving. What you want to get is an order from the court on custody and visitation; obviously, you will want to try and get one that will allow an out-of-state move. In making its determiation, the court will consider the bests interests of the child and look at such things as the age of your child, the relationship they have with both you and their father, the present living situation of the child, etc. At this point, you should consult directly with a local attorney as they can best advise you on how best to proceed with all of this.
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