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 North Carolina, child abandonment is addressed under both family and criminal law. Under family law, abandonment can be grounds for terminating parental rights if a parent willfully abandons a child for six consecutive months. Willful abandonment involves failing to provide care, support, or maintain contact with the child. Termination of parental rights requires a court proceeding, and the court must find that such termination is in the best interest of the child. Additionally, the court typically looks for a situation where another individual, such as a stepparent or relative, is willing to step in and adopt the child. Under criminal law, child abandonment is considered a misdemeanor if a parent or guardian knowingly or wantonly leaves a child under the age of 16 in a location with the intention of abandoning the child. The severity of the charges can increase depending on the circumstances and the child's age. It is important for individuals facing such issues to consult with an attorney to understand their rights and obligations under North Carolina law.