**EDITED** Can I just take our kids when I leave my husband?

I’m not happy in my marriage anymore… haven’t been for a couple months & I just want out. We have young 3 kids (4 years, 2 years & 3 weeks) & we aren’t in any danger, he’s not physically abusive or anything like that. We’d be staying in town. I just wanna make sure I do this right & legally.

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Edit to clear things up:

1) I’m not interested in keeping the kids away from him in the slightest; I don’t want to terminate his rights or anything. I should have been more clear with my wording; by “taking the kids & leaving” I mean can I just like move out with the kids without him doing anything to stop us from leaving. Obviously I’m not just gonna sneak us out in the night without saying anything. I wouldn’t put him through the panic of waking up to his wife & kids gone out of the blue. I may want to end things but I still care about him enough to not torture the guy. Our 3 week old is breastfed so he would most definitely have to come with me, but I’m not going to leave my other 2 children behind either.

2) I’ve brought up marriage counseling MULTIPLE times in the past few months but he won’t commit to going or participating. He did agree to go but when it came down to the actual appointment he would just not participate period. Kinda can’t do marriage counseling solo.

3) I fully understand the impact me leaving the marriage will have on our children. That’s why it’s not just some rash decision I made overnight because he ate the last piece of pizza or something dumb like that. I’ve been unhappy for a few months (“few” being about 6 months) & have wanted to leave for about 3 months, but I keep talking myself out of it because we have such young kids & because, again, I understand the impact that will have on them.