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 Idaho, parental abandonment is defined under Idaho Code § 16-2002 as the willful failure of the parent to maintain a normal parental relationship including, but not limited to, reasonable support or regular personal contact; failure to do so without just cause for a period of one year constitutes prima facie evidence of abandonment. If a parent abandons a child, it can be grounds for termination of parental rights under Idaho Code § 16-2005. However, Idaho courts typically require that there be someone willing to adopt the child, such as a stepparent or another family member, before terminating parental rights due to abandonment. Regarding criminal charges, Idaho Code § 18-401 defines desertion of a child as a parent or guardian leaving a child under the age of 18 in circumstances where the child's health or welfare could be endangered. The specific age or situation, such as leaving a child at a mall, would be evaluated based on the standard of endangerment to the child's welfare.