Legal Question in Family Law in Georgia

If there is no custody order in place, it cannot be kidnapping. However, if you simply leave the state without father's knowledge, he can file an action here in Georgia as jurisdiction would be maintained for 6 months. The court usually frowns on a parent taking children out of state without notifying the other parent and providing contact information. I would urge you to speak to an attorney and discuss your reasons for wanting to leave, as well as the ramifications.

Absent a pending court case she can go anywhere she wants. There can be consequences, including that the state she leaves retains jurisdiction of a custody case, and the fact a judge may later have problems with the moving.