# Kidnapping? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [March 22, 2004, 7:27am UTC](https://forum.rosen.com/t/kidnapping/676 "2004-03-22T07:27:30Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![system](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.rosen.com/system/32/1_2.png) [@system](https://forum.rosen.com/u/system)\ **Post date:** [March 22, 2004, 7:27am UTC](https://forum.rosen.com/t/kidnapping/676/1 "2004-03-22T07:27:30Z")
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 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](http://www.NCdivorce.com) email: [sstanback@rosen.com](mailto: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. ---
**Author:** ![rphendon](https://avatars.discourse-cdn.com/v4/letter/r/aeb1de/32.png) [@rphendon](https://forum.rosen.com/u/rphendon)\ **Post date:** [March 18, 2004, 9:48am UTC](https://forum.rosen.com/t/kidnapping/676/2 "2004-03-18T09:48:47Z")
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?