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Serenity McKinney case: What does custodial interference mean?

Abby McKinney and her boyfriend were arrested in Kansas and charged with custodial interference. Serenity McKinney's whereabouts are still unknown.

SHELBY COUNTY, Ky. — Serenity McKinney has been missing since 2020. According to family members, her biological mother, Catherine "Abby" McKinney, cut off talks with them in the fall of 2021, and efforts to reach her or Serenity since the holidays have gone unanswered. 

The Shelby County Sheriff's Office said the 4-year-old was last seen Dec. 24, 2020. Serenity's grandparents said she was last heard from in June 2021.

New information released reveals that the state has lawful custody of Serenity, meaning Abby McKinney did not have legal custody of her daughter and failed to turn her over or provide her location.

What is custodial interference?

On February 6, 2022, both Abby McKinney and her boyfriend Dakota Hill were arrested in Kansas and charged with custodial interference. Serenity's whereabouts are still unknown.

At the time of their arrest, the state of Kentucky had taken on emergency custody of Serenity. According to the Shelby County Sheriff's Office, the two were charged because they did not relinquish custody.

The Legal Information Institute defines custodial interference as "a parent breaking court determined custodial instructions. This can be as major as taking a child from the sole custodian or as minimal as calling a child more than directed."

In many states, custodial interference is considered a crime, and taking a child or keeping them longer than allowed can constitute kidnapping.

Custodial interference in Kentucky is a Class D felony unless the person taken from lawful custody is returned voluntarily. People convicted of Class D felonies in Kentucky face one to five years in prison and fines of up to $10,000.

The Commonwealth's Custodial Interference law is found in KRS 509.070 and is defined as follows, "A person is guilty of Custodial Interference when, knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution."

The sheriff's office said Serenity's mother and her boyfriend are being transported from Kansas to Kentucky and are expected in Shelby County custody in the next seven to 10 days. 

Serenity has blonde hair, blue eyes and may have a birthmark on her stomach. Her last known location is possibly in the Shelby, Jefferson, Bullitt County area.

Kentuckians are urged to be on the lookout for the little girl and to contact the Shelby County Sheriff's Office at 502-633-4324 or 502-633-2323 with any information regarding her whereabouts.

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