Hello
I currently have a 5 month old. I am not with his father and want to move upstate. He will not approve if it what can I do?

Is there a court order in place concerning custody and visitation? Assuming such a move wouldn't affect visitation provided for in such an order, yes you can move (and take the child with you).

There is no court order

If you don't have court approval and get everything set up before leaving then you may have to return the child to the father if he files.