Aunt has custody legally through the court in North Carolina, can the other parent take the children?
No, if the aunt has legal custody, then she has custody! You can’t ust show up and take the children. If there was no court order then mother and father have an equal right to the children and this is why attorneys recommend that you file for a court order as soon as possible after a separation. You need to seek help from an attorney. If there has been a substantial change of circumstances that would justify filing a motion to modify custody, you can file the motion, prove your case (hopefully) and ask the judge to modify the custodial situation. The overall public policy goal is to get children back with their parent(s) and this is in your favor.
