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. Texas law criminalizes the act of a parent taking or retaining a child when it violates a court-issued child custody order, under Texas Penal Code § 25.03, which addresses 'Interference with Child Custody.' This can be a state jail felony. If there is no custody order in place, and the parents are not living together, the act may not be immediately considered a criminal offense. However, if a parent takes a child across state lines, it can escalate to a federal crime under the Parental Kidnapping Prevention Act (PKPA). Additionally, international parental kidnapping is a federal felony offense under the International Parental Kidnapping Crime Act (IPKCA), which prohibits a parent from removing or attempting to remove a child from the United States, or retaining a child outside the country with the intent to obstruct another parent's custodial rights.
