I need some legal help and advise on custody and such.?

If they divorced then there should be a divorce decree that spells out everything. If they are just separated then you are free to move in with your mom as long as your mom can take care of you. A parent can not kidnap a child especially if the parents are only separated. Talk to Child Protective Services and see if they can point you in the right direction. If you need any more advice drop me an email at advice_from_experience at yahoo. Good Luck