Need HELP..custody of 10y/o!

North Carolina: I am having a potential issue with custody of my 10 almost 11 year old son.

I filed for divorce while on an Unaccompanied Mobilization with the military. My divorce was granted on Dec 8th, 2006. I allowed my ex husband to have physical custody, and we both have joint legal custody, since I was still on Duty with the military. I was finally released from my military duties on Dec. 15, 2006. My ex husband took care of my son while I was mobilized and then while I was on Active Duty. I came home every chance that I could to get my son, and to spend time with him, and talked to him practically every night for almost 4 years. We had agreed that it was in our son's best interest to stay in the same town that he had been growing up in, around family and friends that he knew. I moved back to NC on Dec. 15, 2006. I spent every weekend with my son, until about 7 months ago..at that point my son moved in with me..and has continued staying with me during the week, and seeing his father on the weekends. There was a point where his father didn't see him, or call him for almost 2months. I encouraged them to start getting in touch with one another again.
My ex husband has been talking about moving, and taking our son with him, to Tennessee. He has told me of the moving part..but not mentioned taking our son..this other information came from my father, whom my ex talks to regularly. My dad said that it sounds like my ex is getting ready to take off soon with our son. My son does not want to move anywhere with his father. He wants to live where his family is, his friends are, where he is going to school. How can I go about preventing this? What are my options? If he takes him out of state, and doesn't bring him back, can I file kidnapping charges? Where do I start? I have people lined up that will testify in my behalf on what kind of person and mother I am. My son has told me in the past that if it came down to it that he would talk to a judge and tell him where he wants to live. If he wanted to live with his father, I would let him go, because I love him that much, but he has chosen otherwise..What can I do?

[tbyte]

No, you cannot file kidnapping charges if he takes the child out of State. You could file contempt of court charges if he violates a court order, and motion the court to grant you temporary custody pending a full hearing.
Do you have a Shared Parenting agreement, or does the father have legal custody? You are going to need to read your current court orders very carefully to see what he is allowed to do. You should also file a motion for a change of custody and seek 50/50 shared parenting, based upon the fact that the child's living circumstances have changed.
Are you current on your child support?