Thank you for your follow-up.
It does make sense, and it is very sad, especially for the children.
You will have no choice but to file an emergency petition for temporary custody based on following grounds listed directly from the statute (I will bold the relevant section):
Temporary Custody; Secure and Nonsecure Custody; Custody Hearings.
? 7B-1900.? Taking a juvenile into temporary custody.
Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for secure or nonsecure custody can be obtained. A juvenile may be taken into temporary custody without a court order under the following circumstances:
(1)?????? By a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances under G.S. 15A-401(b).
(2)?????? By a law enforcement officer or a juvenile court counselor if there are reasonable grounds to believe that the juvenile is an undisciplined juvenile.
(3)?????? By a law enforcement officer, by a juvenile court counselor, by a member of the Black Mountain Center, Alcohol Rehabilitation Center, and Juvenile Evaluation Center Joint Security Force established pursuant to G.S. 122C-421, or by personnel of the Department if there are reasonable grounds to believe the juvenile is an absconder from any residential facility operated by the Department or from an approved detention facility. (1979, c. 815, s. 1; 1985, c. 408, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 1; 1994, Ex. Sess., c. 27, s. 2; 1995, c. 391, s. 1; 1997-443, s. 11A.118(a); 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.13.)
Monday morning contact your local courthouse, ask to speak to the clerk, explain the situation to her. State that you need to file for an emergency custody order based on the fact that the minor is unsupervised, the current parent is unfit and is possibly breaking the law, and it would be in the best interest of the child to be with you. Get the forms, fill them out, get the hearing with the judge ASAP, and once you get the order, contact the sheriffs, provide them with an order, and forcibly take your children back.
You can do this with an attorney, but you can also do this yourself.
Edited by Dimitry Alexander Kaplun on 8/1/2010 at 5:18 AM EST