[soccergilligan]

I've only lived in the state for two months with my child me and my husband were trying to work things out but I'm ready to return home. He won't let me leave with my child but I have to be home within a week because I'm in the army reserve and I'm stationed in Ohio. Can I just leave? Will I be forced to return my child? WILL I lose custody of my child?

[smoothy]

Who has legal custody now? And by that I mean who did the court award custody to?

If you don't have that now... he has equal right to have the child as you do.

[soccergilligan]

There has not been any court orders, neither of us has even talked to a lawyer. There is no legal separation or custody order.

[smoothy]

Technically then he could refuse to give the child back to you and there is little to nothing you could do...

Absent a court issued custody order... both parents rights are equal.

[ScottGem]

Absent any court orders, you can move back home. However, it depends on what he does. If he wants to get custody of your child he will have to file for divorce and custody. He will have to file in his base state, not sure where that is. Or you can file yourself in your base state.