I have been married for almost 3 years with a 2 year old child. Me and my husband fight a lot mainly about communication that I feel he lacks. The only time he shows me affection is when he wants sex, recently he has shown me none. We have not had sex for about 4months I think. See that's a problem too he does not please me in bed either so I don't want to have sex with him. We say to each other all the time that this marriage is not working and we would be better off without each other. Problem is there is more at stake now with a child, bills and commitments. I know marriage is not easy but he won't even go see a marriage councillor either (we tried in the past but it did not help us). We are very different people. I get so angry at him I see red. I am so unhappy but I am not sure if I should leave because he said he wants are child, well so do I. Who has rights over our child, I don't think I could just leave with her legally.

You cannot leave with her legally. I know the laws vary from state to state but if you just up and leave and take your child he could file for abandonment. There are many variables that would come into play here but I would definitely recommend talking to a lawyer to find out the exact laws of your state. Some research on your state's website may prove helpful as well. Unless there is drug, alcohol, or abuse it is almost unheard of for a court to take custody away from a mother but things would definitely get complicated if your husband tried to say you you ran away with his child. I would guess it would be best to try and work out some sort of custody agreement with him if you are planning on moving out of the house. If things even began to get heated during that discussion, I would back off, be very agreeable and then immediately consult an attorney.