In the state of NC is it considered kidnapping

I see my son once maybe twice a year & it’s normally with his mom present. I’m not on the birth certificate & there’s no type of custody agreements nor orders. If I was to pick up my son & not return him when his mother tells me to would it be considered kidnapping

It could be considered parental kidnapping if you keep the child away from the other parent such that it violates or interferes with the other parent’s custodial rights.

Your best course of action is to file a custody/visitation complaint in court and obtain a court order setting forth your specific visitation rights.

You can read more about this issue in our detailed article, Parental Kidnapping in North Carolina.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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