Child abduction is the offense of wrongfully removing, retaining, detaining, or concealing a child. There are generally two types of child abductions: child abduction by a parent and child abduction by a stranger. Child abduction by a stranger is always a criminal offense.

But the more common type of child abduction is by a parent—often during or after a divorce or other domestic strife. Laws on child abduction by a parent vary from state to state, but if there is no child custody order from a court in place, and if the child’s parents are not living together, one parent’s taking of the child may not be a criminal offense (crime). But many states make it a crime for such a parent to travel across state lines with the child—and in some states it is a felony offense. And if the parent’s taking or abduction of the child violates a child custody order, it will often be a criminal offense—sometimes called interference with child custody.

And federal law prohibits a parent from removing a child from the United States, or keeping a child in another country with the intent to obstruct another parent’s custodial rights. This crime is known as international parental kidnapping, and it is a felony offense.

In Kentucky, child abduction is taken very seriously, and the law distinguishes between abduction by a stranger and by a parent. Child abduction by a stranger is always a criminal offense. Parental abduction, which is more common, can also be a criminal offense under certain circumstances. If a parent takes or retains a child in violation of a court-ordered custody agreement, it is considered interference with custody, which is a crime under Kentucky law. Kentucky Revised Statutes (KRS) 509.070 defines custodial interference and outlines the penalties, which can range from a misdemeanor to a felony, depending on the circumstances. If a parent takes a child across state lines without proper authorization or in violation of a custody order, it may escalate to a federal crime under the Parental Kidnapping Prevention Act (PKPA). Additionally, international parental kidnapping is a federal felony offense under the International Parental Kidnapping Crime Act (IPKCA). This federal law makes it illegal for a parent to remove or attempt to remove a child from the United States, or to retain a child outside the country, with the intent to obstruct another parent's custodial rights.