Parental Kidnapping

Parental kidnapping is a crime. It might be called different things in different places, such as custodial interference, child concealment, or parental abduction.

Each state and territory has its own definition of the crime. In some states, it may be illegal to take children out of state only if doing so violates a custody order or if there is an active custody case pending. In other states, it might be illegal for a parent to move his/her children anywhere, even within the state, if s/he hides the children’s location from the other parent.

Other factors that may be considered under the law are:

• whether the parents are married and considered to have equal parental rights;
• if the parents aren’t married, whether the father’s paternity has been legally established; or
• if the parent is planning a short trip out of state or if s/he plans to move out of state long-term.

Since the laws can be so different, it’s important to understand which state’s laws apply to your situation. Whether or not you can be charged with parental kidnapping will depend on the laws of the state your children are leaving, not the state that you are moving them to.

If you’d like to read your state’s law, you can go to our Crimes page and choose your state from the drop-down menu. Look for a crime called custodial interference or something similar; there will be a link to the law (statute) itself. As you are reading, please keep in mind that these laws can be easy to misinterpret, especially in times of stress, and so it’s best to have a lawyer explain them to you.

Before you move, please talk to a lawyer who is knowledgeable about parental kidnapping in the state you are thinking of leaving. You can find legal referrals on our Finding a Lawyer page.

If you have been charged with parental kidnapping, or if you are afraid that you might be charged, please contact us on our Email Hotline for referrals to national organizations that might be able to help.

Depending on your situation, you may also want to apply for temporary emergency custody. Please see Can I get temporary emergency custody of my child? for more information.