Hello. My husband was in rehab last year for a crack addiction. When he returned I got pregnant with my daughter, who is now 4 months old. I thought all was well but I recently found out he was using drugs again. Most of his family are drug abusers and alcoholics with criminal records. My husband has a record, also. I want to get a divorce and move to Florida with my mother. I have NO FAMILY where I am now. My husband says I cannot take my daughter out of the state, and if I do he will have me arrested for kidnapping. He and his family are unfit and a bad influence. I want my daughter AWAY from all of them. I do not work, as I am trying to raise my daughter. I feel trapped and I don't know what to do. Can someone please help me??

You cannot and will not be charged with kidnapping. As long as there is no custody order, you and your husband have equal rights to the child. If you move, he will have to file in court to force you to return the cihld. There will be no CRIMINAL CHARGES.

If he files in court to force you to return, there will be a hearing and you will present your reasoning for returning to FL. It will then be up to the judge whether or not your child can remain in FL. There is no way to stop YOU from being in FL, only the child.

If you are seperated and there is a custody order (which from your posts, I gathered there is not) you must abide by the order.

Once you live in florida for 6 months you are legally a resident.