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 Mexico, 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 child 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, New Mexico law does criminalize the act of a parent taking a child across state lines with the intent to obstruct the other parent's rights, which can be charged as a felony. Furthermore, if a parent abducts a child in violation of an existing child custody order, it is considered a criminal offense, often referred to as 'interference with child custody.' At the federal level, the International Parental Kidnapping Crime Act (IPKCA) prohibits a parent from removing or retaining a child outside the United States with the intent to obstruct another parent's custodial rights, which is a felony. An attorney can provide specific guidance on how these laws may apply in individual cases, especially considering the nuances of state and federal regulations.