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 Maryland, child abandonment is addressed under both family law and criminal statutes. Under family law, abandonment may be considered grounds for the involuntary termination of parental rights if a parent fails to communicate with or support their child financially for a significant period, typically at least 6 months for children under the age of 6 and at least 12 months for older children. However, Maryland courts generally require that there be someone willing to adopt the child, such as a stepparent or relative, before terminating parental rights on the basis of abandonment. On the criminal side, Maryland law penalizes a parent or guardian who willfully abandons or neglects a child, which could lead to charges of child neglect or abandonment. The specific circumstances, such as the age of the child and the situation in which they were left, would be factors in determining whether the act constitutes a criminal offense.