In Nevada if you are not married can a mother be charged with kidnapping by moving out of state with the childern?

Your question is a bit vague, and has a few gaps,m but see if this helps. Private parties cannot "charge" anyone with a crime.  Only he district attorney can do that, and in the view of most lawyers, in your circumstances no crime would be committed by moving anywhere you wish, whenever you wish. On the civil side, you leave out some facts.  The "relocation statute" (also called the "move statute" starts with the words "if custody has been established . . ."  If, as you say, there has never been a custody order, then again, the statute would appear to not require you to get agreement of the other parent, or a court order, before you relocate.  At least one judge has said that he sees it differently, however.  You do not say if the father is on the birth certificate.  If so, he has presumptive joint custody, as you do.  If he is not on the birth certificate, then the law give you custody of the children until paternity is established. I suggest that you do some background reading on all these topics at the links below, and then, if you are still not certain, consult with a private lawyer, or at LEAST go to the free Thursday afternoon "Ask-A-Lawyer" program at family court, to get some specific guidance in your specific situation. http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-abduction-kidnaping-and-recovery/