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 Mississippi, child abduction is taken very seriously, and the state has laws in place to address both stranger and parental abductions. Under Mississippi Code Section 97-5-51, it is a felony for any person to forcibly seize and confine, kidnap, abduct, or carry away a child under the age of 18. When it comes to parental abduction, the 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 be considered a criminal offense. However, if a parent takes or retains a child in violation of an established custody order, it can be considered a criminal offense, often referred to as custodial interference. Furthermore, Mississippi law aligns with federal law under the International Parental Kidnapping Crime Act (IPKCA), which makes it 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 the other parent's custodial rights. It's important for individuals dealing with potential child abduction cases to consult with an attorney to understand the specific legal implications and to ensure the child's safety and legal rights are upheld.