Is this kidnapping?

We can’t advise you to violate a court order. You can, however, seek emergency custody if warranted before you violate the order and see what the judge has to say.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have called DSS twice about the conditions my step-children are living in. They refuse to investigate. What would happen if we refused to take them back to their mother after out next visitation because the living conditions are so bad? Can we keep them and file for emergency custody?