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 New York, child abduction is taken very seriously, and the state has specific statutes to address both stranger and parental abductions. Under New York law, child abduction by a stranger is unequivocally 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 an established custody order, it is considered a criminal act, often referred to as 'custodial interference.' New York Penal Law sections 135.45 and 135.50 address custodial interference in the first and second degrees, respectively, and these can range from misdemeanors to felonies depending on the specifics of the case. Additionally, if a parent takes a child across state lines, it can elevate the severity of the offense. At the federal level, the International Parental Kidnapping Crime Act (IPKCA) makes it a felony for a parent to remove or attempt to remove a child from the United States, or retain a child outside the country, with the intent to obstruct another parent's custodial rights.