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 Indiana, child abduction is taken seriously and is addressed under various statutes. Child abduction by a stranger is unequivocally a criminal offense. When it comes to parental abduction, the legal situation can be more complex. If there is no custody order in place, and the parents are not living together, one parent taking the child may not immediately constitute a criminal offense. However, Indiana law does criminalize the act of a parent taking a child across state lines with the intent to conceal the child from the other parent or to obstruct the other parent's rights, which can be charged as a felony under certain circumstances. Additionally, if a parent abducts a child in violation of an existing child custody order, this act is typically considered a criminal offense and can be prosecuted as 'interference with custody,' which is a felony in Indiana. On the federal level, the International Parental Kidnapping Crime Act (IPKCA) 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. Violation of this federal law is a felony offense.