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 Texas, child abduction is taken very seriously, whether by a stranger or a parent. Child abduction by a stranger is always a criminal offense. Parental child abduction, which is more common, can also be a criminal offense under certain circumstances. If a parent takes a child in violation of an existing child custody order, it is considered interference with child custody, which is a crime under Texas law. Texas Penal Code Section 25.03 addresses Interference with Child Custody, and if convicted, it can be a state jail felony. Additionally, if a parent takes a child across state lines, it can elevate the severity of the offense. On 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. Therefore, in Texas, both state and federal laws provide mechanisms to address and penalize child abduction, including parental abduction, especially when it involves crossing state or international borders.
