Unless you and your spouse have a custody agreement or court order in place regarding custody of your child, it is not kidnapping. However, you should pursue filing an emergency custody action if you have any idea of where they might be. You may have a problem with which state is the child’s home state if it has been 7 months since they left. But, I encourage you to take action as soon as possible. The longer you wait, the longer things become “normal” for your child in another state.
Good luck,
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com
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.