[menna331]

I live in North Carolina. I am currently married to my son's father and pregnant with our second child. I have been planning a trip with our son to Texas to see my family for a birthday party and baby shower. I have EVERY intention of coming back. My husband has decided that since he is not going my son is not going, even though my husband will be out of town working. He claims that he will file kidnapping charges if I take our son with me. I need to know if that is possible?

[Fr_Chuck]

He is full of it, and trying to use threats to control you.Sounds like most likely there are a lot of other issues, and lots of fights over other things and he most likely does not believe you are coming back.

You are not separated, there is no custody order in place, and you may take the child on a holiday any time you want,

[ballengerb1]

Chuck is controlling himself because of his back ground and upbringing. I'd like to use stronger language but the site will bleep me. Chuck and I both think your husband is making everything up to freighten you in to OBEYING HIM. There are people who should not have control and do not have control at work because the boss isn't stupid. These folks become home control feaks and will frequently do the badest thing to make themselves feel important, they are most impotent. If I were you I'd take both kids to visit the family, stay a real long time, a really really long time because this type of person will eventually do worse things to his family.

[ScottGem]

You cannot be charged with kidnapping your own child unless you try to hide the child from your husband. I would, however, make sure you have a copy of your child's birth certificate with you at all times.

[AK lawyer]

... 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.

[menna331]

He pulls this ruse every time I want to go home and I always get my way in the end. He is a very insecure person and wants to think the worst of everything. I was just curious if what he was thinking was even possible. Thank you all for your help.