I am married to my 2 year old son's father, and we have been married and living together for just over 2 years. My husband and I have not filed for a divorce or for a separation. He is unemployed and going to school, and I would like to move in with my parents, and bring my son with me, out of state until my husband's semester is over. I am afraid that my husband will try to charge me with kidnapping. I want to move out of state with my son and without my husband for a few months. Can I legally do this without the father's consent?

You can not kidnap your own child unless there is a order giving the other parent custody.

So you are free to go where ever you want. But why are you leaving him, you said "till the semember is over" is you are not leaving him why would he care,

So are you saying you are leaving him for good, not just till the semester is over?

Now he can file in court and try to get custody and the such also. So after you move, it is possible you will have to return back there for court.

I would contact a lawyer before doing anything! I was already divorced when I moved to another state and It is the law that my ex and I had to have noterized documentation sent to the courts that he didn't disagree with me. You can get in a lot of trouble with out consent. Im not sure if the law requires that in your situation, but it certainly won't hurt to have your back covered. You can ask a lawyers advice over the phone for free.

This is a legal issue so has been moved to the Family Law forum. Questions of a legal nature need to be accurate according to the law.

As Chuck said, you cannot be accused of kidnapping your own children who you have custody of. Since you have not filed for divorce or legal separation as the child's mother you have joint legal custody and can move without permission of anyone.

Its possible that, if you do file for divorce or separation, the court will order you to return so the father can exercise his legal rights. But you will not be in any trouble for moiving in the first place.