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 addressing both stranger and parental abductions. Stranger abduction 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 a court-issued 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 circumstances. Additionally, under federal law, specifically the International Parental Kidnapping Crime Act (IPKCA), it is a felony for a parent to remove a child from the United States or retain a child in another country with the intent to obstruct another parent's custodial rights. This applies to all states, including New York. It's important for parents to understand that even in the absence of a custody order, taking a child across state lines may lead to criminal charges under the laws of some states or under federal law if it is done to obstruct the other parent's rights.