I'm in the process of leaving my husband, if I move with my child, could I be charged with kidnapping?

M.D.'s answer is correct.  I would just as that the moment you file your petition and summons for dissolution of marriage you will be under an automatic court order not to remove the child from the state without the other parent's written consent or further order of the court.  That order will be in effect until you can have a hearing on a temporary custody and support order.  The temporary order can provide whatever you and your husband can agree on regarding travel and residences.  If you can't agree, the order will probably still require you to keep the child in the state until a final judgement is entered in the divorce, or you get a court order to allow temporary travel.

If there is no court order currently in effect, than you you can take your child out of the city that you live in.  In fact, you can take them out-of-state for that matter.  However, once a court order goes into effect, to move out of a certain geographical range may not be permitted, at least not without the court's consent.  At that point, you could be charged with parental kidnapping. 

What you want to do now is to get a temporary order from the court on custody and visitation.  It will be temporary because a final decree will be issued upon divorce.  The court will consider the bests interests of the children in making its determination. The court will look at the age of your child, the relationship of the parents and the child, the present living situation of the child, etc. 

It's time to see a divorce attorney as to all of this.

If there is no court order currently in effect, than you you can take your child out of the city that you live in.  In fact, you can take them out-of-state for that matter.  However, once a court order goes into effect, to move out of a certain geographical range may not be permitted, at least not without the court's consent.  At that point, you could be charged with parental kidnapping. 

What you want to do now is to get a temporary order from the court on custody and visitation.  It will be temporary because a final decree will be issued upon divorce.  The court will consider the bests interests of the children in making its determination. The court will look at the age of your child, the relationship of the parents and the child, the present living situation of the child, etc. 

It's time to see a divorce attorney as to all of this.