Since you do not have any type of custody agreement or court order in place, it is not kidnapping. However, if she leaves with the kids, and you can pursue temporary emergency custody through the court. If the court feels it is an emergency situation, then it can order her back to NC, and the children to your custody until a permanent custody trial can happen.

Good luck,

Shonnese D. Stanback
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

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.

Basically the same problem as Wood! However my son’s mother and I are not married. We do all currently reside together. I fear she is going to take him and leave the state without my knowledge or consent. If this does happen? Has she committed a crime? What would my options be to get him back to NC?