In most states a parent is considered to have abandoned a child if the parent does not make contact with the child and withholds financial support for a period of one or two years. Abandonment may be a basis to terminate a parent’s parental rights. But most states will not terminate a parent’s legal rights and obligations unless there is another adult—often a family member or stepparent—who wants to formally adopt the child.

Abandonment may result in criminal charges if a parent or guardian leaves a child under a certain age (15, for example) in any place and circumstance under which no reasonable adult would do so. For example, leaving a 8 year old child at the shopping mall may result in criminal charges of abandonment.

In California, child abandonment is addressed under both family and criminal law. Under family law, abandonment is considered a form of neglect and can be a reason to terminate parental rights, particularly if a parent fails to communicate with or support their child financially for a period of one year or more. However, termination of parental rights typically requires that there be another person, such as a stepparent or relative, willing to adopt the child. Under criminal law, California Penal Code Section 270 defines child abandonment and neglect as a misdemeanor offense, where a parent's failure to provide necessary clothing, food, shelter, medical attendance, or other remedial care for their child without lawful excuse is punishable by law. Additionally, leaving a child in any situation where their health or safety is at risk, such as leaving a young child alone at a mall, could lead to charges of child endangerment or abandonment under California Penal Code Section 273a.