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 Colorado, child abandonment is addressed under both family law and criminal statutes. Under family law, abandonment by a parent can be grounds for the involuntary termination of parental rights if the parent has failed to provide reasonable support and has not communicated with the child for a period of one year or more. This is often relevant in cases where another adult, such as a stepparent or relative, wishes to adopt the child. However, the court will consider the best interests of the child before terminating parental rights. On the criminal side, child abandonment is considered a form of child abuse. According to Colorado Revised Statutes Section 18-6-401, a person commits child abuse if they abandon a child in any situation that poses a threat of injury to the child's life or health. The severity of the charges can range from a misdemeanor to a felony, depending on the circumstances and whether the child suffered an injury as a result of the abandonment.