can I take my kids out state without filling for custody

If there are no court orders of any kind, and you are definitely the parent (either the mother or you have been proven to ge the father) then you may travel or move with your children  (just like the other parent can).  However, since the children have most likely been in state for at least the last six months, the state you are in (before any move) will most likely be the state where any custody action is conducted.  Also, as soon as you attempt to remove the children from the state, if the other parent goes to the court for help, you may find yourself served with a court order to bring them back, or re-enroll them in their schools, or "not permanently" remove them from the jurisdiction of the state.   If there are already court orders you may be facing potential contempt actions, or parental kidnapping actions.