My son wants to return to N.J. from Texas after residing & working there for 9 months. His wife does not want to come back to N. J. He wants to take his 2children and return whether his wife comes or not. His job has not turned out as planned and his children are very unhappy in Texas as he is. His wife left Texas when she was 18 and she is 53 now and has had some pass issues with alcohol. She attends AA. She is also Bi-Polar. Would it be considered kidnapping if he return with the 2 children.

He will need to file for custody of the children in the state is he living and file for permission to move back.

If he tried to move back, she can file in court to order him to merely return the kids back to her state.

So he may be stuck in Texas unless he wants to move off and leave the kids

Actually--I'd consult an attorney on this one. Residency in TX is established after a year. If he's only been there for 9 months, he may have to go through the courts for custody in his state of residency.