text: is it kidnapping it i move to a different state with my child ? i'm still married and want out, but spouse is an attorney and threatens me every time i bring it up, he says he'll get custody because he is an attorney and the judges would be on his side. so if it isn't kidnapping i need to take my child and go while he's at work please help your the mother of the child right?? if you decide to leave there is nothing he can do about it.. no matter what he says about knowing the judges.. if you move to a different state before the divorce and petition divorce after you set up residency in that state you can try to have the divorce hearing in the state you live in.. in most cases the divorce will be held in the petitioners county of residency..i don't think you have much to fear with this though.. ln most cases unless you are proven (and l mean real hard physical evidence) unfit as a parent you will get full custody anyway...