can my wife take my kids away if she and I are separated and going through divorce and she has left the state of nc

Good question.  I strongly encourage you to seek legal counsel in your local jurisdiction for more detailed information on this complex area of law.   In short, there are protections in place which prevent a parent from removing a child from the state of North Carolina without permission from the court or from the other parent.  For a brief summary, check out our blog which discusses moving a child out of the state of North Carolina in child custody dispute.  NC statutes provide for an emergency action preventing parents from leaving the state of North Carolina with children and without permission.  The end result of such an action is typically an ex parte custody order granting the parent remaining in NC with custody of the minor children until a hearing can be had (which must be scheduled within 10 days of the order being granted) as well as a pick up order being issued which may provide for police assitance in retrieving the children at issue.   Hope this helps. Bill HunterHunter & Hein, Attorneys at Law, PLLC