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 West Virginia (WV), child abduction is taken seriously, whether by a stranger or a parent. Child abduction by a stranger is always a criminal offense. Parental child abduction can also be a criminal offense under certain circumstances. If a parent takes a child in violation of an existing child custody order, it is considered a criminal offense, often referred to as 'interference with child custody.' Even without a custody order, if a parent crosses state lines with the child, it may be a crime, and potentially a felony, depending on the specifics of the case. Furthermore, under federal law, international parental kidnapping—removing a child from the U.S. or retaining a child in another country to obstruct the other parent's custodial rights—is a felony offense. It's important for individuals dealing with custody disputes or potential abduction situations to consult with an attorney to understand their rights and obligations under both state and federal law.