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 Montana, parental abandonment is addressed under Montana Code Annotated 41-3-102 and 41-3-609. A parent may be considered to have abandoned a child if they fail to communicate meaningfully with the child or to provide for the care and support of the child as required by law or judicial decree for a period of six months. This can be a ground for the termination of parental rights, particularly if it is in the best interest of the child and there is another individual, such as a stepparent or relative, willing to assume parental responsibilities through adoption. Criminal charges for abandonment can also arise under Montana Code Annotated 45-5-622 if a parent or guardian purposely or knowingly deserts a child under 18 years of age in any place with the intent to wholly abandon the child. The specific circumstances, such as leaving a young child alone in a public place, can lead to charges of criminal endangerment or abandonment.