He should contact a local divorce attorney. He needs to prepare to move out of the home. He needs to get his financial affairs in order. This includes terminating all joint credit/financial accounts. He can legally just pick up the child and take her to you apartment. He is the father and he is as entitled to the child as the mother. He can do this in concert with the divorce filing. At some point come an initial hearing will be held where custody, support will be defined while the divorce is process. At this point visitation will be formally assigned.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
As long as no custody order is in place, and he is the father of the child he is free to move the child. He should ensure he has a coipy of the birth certificate and marriage license just in case his wife tries to indicate he is not the legal parent.
The mother will be able to file for divorce and ask for the child to be returned, but this will take some time.
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