Getting Custody

I am in the process of getting ready to leave my fiance of three years. We have a 10 month old daughter and things are no longer working out. I haven't told him yet and I plan on leaving him when we fly home for the holidays to make sure that I will have family around and a place to stay.(we live 1,500 miles away from family).

My questions are:

1. How can I leave with my daughter and make sure it isn't considered kidnapping?

2. Do I need to talk to a judge here or since I will be moving back home can I just talk to a judge there?

3. Concerning custody, he comes from a very well off family and I'm from a lower class family, does the fact that his family (but not him) have money mean that he has a better chance of getting custody of our daughter?

I wanted to add since when I asked elsewhere I was called a hillbilly succubas and untrustworthy, is the reason I am leaving this way and not working it out is because
1. he threatend me on more then one occassion telling me that if I left and took my daughter that no one would find my body.

2. because I don't think that staying in a mentally abusive relationship sets a good example for my daughter.

This is the problem you will face. When you leave the state and don't return the father could file for the child to be returned home. You will then have to go back to the state in question and deal with the legal consequences of moving without permission from the father or the courts. This could also affect the outcome of a custody hearing negatively. I suggest you file for permission to leave the state before going. If your BF has threatened your life you need to file a complaint with the police.

Keep in mind the Father has the same rights as you do there is no special deal for one! Would you want Dad doing this to you? Bay has given you the correct action to take to protect you.