
Originally Posted by
menna331
... He claims that he will file kidnapping charges if I take our son with me. I need to know if that is possible?
As the others have said, no.
For your information, here is the
NC kidnapping statute:
"§ 14‑39. Kidnapping.
(a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:
(1) Holding such other person for a ransom or as a hostage or using such other person as a shield; or
(2) Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or
(3) Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or
(4) Holding such other person in involuntary servitude in violation of G.S. 14‑43.12.
(5) Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S. 14‑43.11.
(6) Subjecting or maintaining such other person for sexual servitude in violation of G.S. 14‑43.13.
..."
I don't know how old your son is, but if he is over 16, presumably he agrees to going to Texas. If he is under 16, you, a parent, obviously agree. And in either case, none of the numbered subsections apply.
And in case your husband means to refer to
abduction of children, instead of kidnapping, that doesn't apply either:
"§ 14‑41. Abduction of children.
(a) Any person who, without legal justification or defense, abducts or induces any minor child who is at least four years younger than the person to leave any person, agency, or institution lawfully entitled to the child's custody, placement, or care shall be guilty of a Class F felony.
(b) The provisions of this section shall not apply to any public officer or employee in the performance of his or her duty."
There is this:
"§ 14‑320.1. Transporting child outside the State with intent to violate custody order.
When any federal court or state court in the United States shall have awarded custody of a child under the age of 16 years, it shall be a felony for any person with the intent to violate the court order to take or transport, or cause to be taken or transported, any such child from any point within this State to any point outside the limits of this State or to keep any such child outside the limits of this State. Such crime shall be punishable as a Class I felony. Provided that keeping a child outside the limits of the State in violation of a court order for a period in excess of 72 hours shall be prima facie evidence that the person charged intended to violate the order at the time of taking."
It also doesn't apply. The married parents of their child (you and your husband) share full custody. And there is no custody order in place.