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 Mississippi, child abandonment is addressed under both family law and criminal statutes. According to Mississippi law, abandonment is considered a ground for the termination of parental rights if a parent has left a child without provision for the child's identification or has failed to visit or communicate with the child for a period of at least six months. In such cases, the court may terminate parental rights if it finds that doing so is in the best interest of the child, particularly if another adult, such as a stepparent or relative, is willing to adopt the child. On the criminal side, Mississippi Code Section 97-5-39 defines 'deserting a child' as a misdemeanor offense when a parent or guardian willfully abandons a child under the age of 18 without lawful and adequate provision for the child's care and support. The law specifies that if the abandonment results in substantial harm to the child or if the child is left in circumstances where their health or safety is endangered, the offense may be elevated to a felony. It is important for individuals facing such situations to consult with an attorney to understand the specific implications and legal options available to them.