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 Nevada, child abduction is taken very seriously, and the state has specific statutes to address both stranger and parental abductions. Child abduction by a stranger is, without exception, a criminal offense. Parental abduction, which is more common, can also be a criminal offense under certain circumstances. If a parent takes or retains a child in violation of a court-issued custody order, it is considered a criminal act, often referred to as 'custodial interference.' Nevada law (NRS 200.359) makes it illegal for a person with custodial rights to detain or conceal a child with the intent to deprive another person of lawful custody or visitation rights. This can be charged as a felony or misdemeanor, depending on the circumstances. Furthermore, if a parent takes a child across state lines, it can elevate the severity of the offense. At 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 in another country, with the intent to obstruct another parent's custodial rights. This act makes international parental kidnapping a felony. It's important for individuals dealing with custody disputes or potential abduction scenarios to consult with an attorney to understand their rights and obligations under both state and federal law.