i want to leave my common law husband and take our son.

[cynthia81]

i am a 26 year old woman. i am living with my common law husband and my son. i have been living with him for 9 1/2 years. and all those years have been full of physical, mental, and verbal abuse. i have family in another city but his family here. he constantly puts me down, hits, or verbally attacks me in front of our 8 year old son. my son hears his dad call me names and says vulgar things to me. he sees him hitting me. tries to protect me and defend his father's ugly words towards me. my husband has hit our son by throwing a nintendo ds at his chest leaving a red mark on him. he is constantly working so my son rarely sees him. i need to know if i can legally sign my son out of school one day while he is at work and go move in with my sister in another city 5 hours away. if i tell him about it he will take my child and place him with my mother in law. they say they will take me to court to take him away from me. i feel i have no options then to say with him and put up with the abuse. someone please help me & give some advice as well. thank you so much!
cynthia c.