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 be complex. Kentucky law, under KRS 509.070, considers it a felony for a parent to take a child out of state with the intent to deprive the custodial parent of their rights, which is known as custodial interference. If there is no custody order in place, and the parents are not living together, taking the child may not be immediately considered a criminal offense. However, once a custody order is established, any violation of that order by removing or detaining the child can lead to criminal charges. 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.