Can I leave with my child?

I am in a very unhealthy, unhappy relationship and want out. We are not married but we have a child together. If I leave with my child what are my rights? Can I be charged for kidnapping if I leave with our son...I have no intention of keeping him from his father but as his mother and primary care-taker, am I within my rights to leave with the child?

no

but either of you can at any time go to court and seek orders about custody and visitation

most courts will let you go if you have valid reasons, and it seems you do

...ie no you will not be charged with kidnapping...

[Gbyte]

Leave across the block - or to another country?

leave as in in get out of this house and move to another town, within in this country.

[tbyte]

Originally Posted by Unregistered ...ie no you will not be charged with kidnapping...

...but hopefully your husband will be able to use your unilateral decision to move the child as evidence that you seek to deny his parental rights, and he will be able to get 50/50 custody or better.

[Gbyte]

50/50 custody in different cities...that'd be interesting...

[tbyte]

GByte, according to your previous statements, you would support the father getting custody in this situation, right?

[Gbyte]

Is she cheating? Leaving for another man? Where they married?

No. Not really. But I of course don't know them or all the details.

Though I think she should really think LONG and hard about leaving. That will not "fix" the unhealthy relationship - it will only make it WORSE. You have to deal with the father of your child for the rest of your life...maybe there's a reason you became involved with him...maybe there's a way to fix it.

[tbyte]

Originally Posted by Gbyte However, as I've also stated...if primary caregiver leaves the relationship to pursue selfish interests, primary caregiver should LOSE that status due to not putting primary focus on the family.

So, in this case, the father should get full custody, right?