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 Delaware, child abandonment is addressed under both family and criminal law. Under Title 13 of the Delaware Code, abandonment is considered a ground for terminating parental rights if a parent fails to maintain contact with the child or provide financial support for a period of six months or more. Termination of parental rights is a serious legal action and generally requires a petition to the court, often in the context of an adoption proceeding where another adult is prepared to assume parental responsibilities. In terms of criminal law, Delaware Code Title 11, Section 1102, defines the offense of 'Abandonment of a child' as a parent, guardian, or any person having custody of a child under the age of 18 intentionally abandoning the child in any place with intent to wholly abandon the child. This can result in criminal charges, which may vary in severity depending on the circumstances and the child's age. It is important for individuals facing such situations to consult with an attorney to understand the specific legal implications and potential consequences.