[mommy1720]

I live in Kentucky and share a son with a man whom I am married to. We are separated and have yet to file for divorce. My husband was born and raised in Kentucky, I have lived here for five years and I have no family in Kentucky. We haven't been separated long, but I am finding it almost impossible to financially make it on my own. I am currently in college, but have only just completed my first year. My question is whether it is legal for me to take my son to New York where I have family and financial help until the next semester of college starts or my husband and I work out our differences. He is a wonderful father but our relationship has just come to an end since we lost our daughter in a car accident last year. I have tried many times to work out our differences and even proposed counseling, for which he has no desire to attend. I wish with all of my heart that it was possible to stay in Kentucky, but I am coming up on rent and childcare due and I do not have the finances. I am really upset that I will have to leave the state to support my son and for his father not to be around for awhile, but If I do not go, I will not be able to support either of us. I do not plan to move to NY permanently, only temporarily until my next semester starts and I receive my financial aid money...

[ScottGem]

Since there have been no court orders for custody or visitation, you are free to move. However, he could file for divorce immediately after you move and possibly force your son to be returned to him.

It would be better if you work it out amicable in writing that he is OK with your moving temporarily.