Martinez’s actions in the described custody scenario would constitute child abduction without custodial right.

• A. True
• B. False
• C. Not enough information
• D. It depends

Answer: (B)

In custody cases, the key idea is that taking or keeping a child becomes unlawful abduction only if the person does not have the legal right to do so—that is, there is no custody order, agreement, or custodial rights authorizing the action. If the described scenario shows that Martinez does have custodial rights, or there is a valid order or agreement permitting the move (or consent from the other parent), then the action would not be abduction. Abduction hinges on lacking lawful authority, so simply arguing “without custodial right” isn’t enough to label the act as abduction in every situation—the facts in the custody arrangement matter.