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 Kansas, parental abandonment is addressed under Kansas Statutes Annotated (K.S.A.) 38-2269, which outlines the grounds for termination of parental rights. According to this statute, abandonment is considered when a parent fails to assume the duties of a parent for two consecutive years immediately prior to the filing of a petition to terminate parental rights. This includes failing to provide reasonable financial support and either failing to maintain regular visitation or contact with the child. However, Kansas law typically requires that there be someone willing to adopt the child, such as a stepparent or another family member, before terminating parental rights due to abandonment. Additionally, under K.S.A. 21-5602, criminal charges for child abandonment may be brought against a parent or guardian who leaves a child in a situation where their health or welfare may be endangered, which could include leaving a young child alone in a public place like a shopping mall.