I'm not getting a divorce and really don't want one. My husband has been having a lot of mental health problems and I am worried for myself and my daughter. Today he even called a Realtor to sell our house and the bank to get a new loan because he wants a new house right now. He has been talking about this for a few weeks and not very stable. He says he doesn't plan to sell our house, and doesn't care if it rents our or if it just gets repossessed. He has a lot of mood swings and yells and throws things and scares our 3 year old daughter. Today he told me that I should leave and take our daughter with me. I did and came to my parents and am just playing with her but don't know what to do. If I stay gone longer, am I kidnapping my daughter even if he said to take her? How do I get custody and protect her from being harmed or scared? I don't think that he would harm her but he isn't very stable mentally and as much as I am trying to get him help he refuses to take daily medication. He is currently seeing a psychologist (he has seen her twice, has another appt tomorrow) and will once in a while take Ativan for anxiety. He has very bad anxiety and rarely leaves the house, hasn't driven in a very long time, and has A LOT of trouble leaving the house if I am not with him.

No, you have not kidnapped your daughter. However, if he wants to visit with her you have no legal grounds to keep her away.

You need an Attorney - you need to see what it will take to keep your daughter safe. You can then decide what is best for you and your marriage but first you must protect your daughter.

I wouldn't waste any time.

There is no such thing as a temporary order for custody if your not filing for divorce or separation.