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 Nebraska, child abduction is taken seriously and is addressed under various statutes. Child abduction by a stranger is considered a criminal offense and is prosecuted under the state's kidnapping and false imprisonment laws. When it comes to parental child abduction, the legal situation can be more complex. If a parent takes or retains a child without the other parent's consent and in violation of a custody order, it may constitute a criminal offense under Nebraska's interference with custody statutes. This is particularly true if the parent crosses state lines, which can elevate the offense to a felony. Without a custody order, however, taking a child may not be immediately considered a criminal act, but it can quickly become one if the action interferes with the other parent's rights or involves crossing state lines. 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 to retain a child outside the country with the intent to obstruct another parent's custodial rights. Nebraska parents must be aware of both state and federal laws regarding child abduction to understand the potential legal consequences of such actions.