will i be a "parental kidnapper?"

i live in Florida with my five year old son. he has resided with me since his birth. we now live w/ my mother after having to leave our home of 4 years due to decreased financial support from his father. we are still married. we have been apart for four years. i want to take my son to live out of state w/ my dad, he is more able to help me w/ financial isues and i have more of a support system there. i would like to go now and start getting my and my son's life on the right track. if i go now with our son, still being married to his dad, will i be liable of kidnapping? if so, what is the fastest way to go without worry?

If there is no custody order in place you are free to take your children wherever you like.

But then again, so is he. So you move to wherever, enroll son in school, and get on with your life. One day go to pick up son from school and he is not there. Dad took him back to Florida. That's not parental kidnapping either.

He might even have a good case that you moved him away from friends, school, etc. and the court may let him keep your son in Florida.

So I would be worried. Good Luck