Yes, unless there is a court order in place preventing him for doing so. You will need to retain an experienced family law attorney right away because there are several issues that need to be addressed. First, depending on where he took the child, his actions may constitute a relocation and therefore, you may need to file an emergency Petition to force the child to be returned until he complies with the requirementes fo the statute. Second, you may need an emergency custody order until this issue is resolved. The personal property, if acquired during the marriage, is marital property and will be distributed at a later time. Some courts will force the spouse to return some or all of these times and other courts will not get involved. Therefore, you will need legal advice to decide how to address these issues.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
Yes, absent a court order your Ex can move out with the child. You should consult an attorney as soon as possible to make sure you are preserving all your rights and to see if you need to start a custody action.
This answer is for informational purposes only and should not be construed as legal advice. This Q&A forum does not create an attorney/client relationship. If you have a legal concern that is important to you, I urge you to consult with an attorney. For those who are concerned about their ability to afford legal assistance, the ACBA's Lawyer Referral Service may help: http://www.acbalrs.org
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