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 Dakota, parental abandonment is addressed under North Dakota Century Code (NDCC) Section 14-09-22, which defines abandonment as a parent willfully forsaking their child and failing to provide necessary care and support. The period of time for considering abandonment is generally one year. If a parent has abandoned a child, it may be grounds for termination of parental rights under NDCC 27-20-44, particularly if it is in the best interest of the child and there is a petition for adoption by another individual, such as a stepparent or relative. Criminal charges for abandonment can also arise under NDCC 14-09-30, which makes it a crime to expose a child under the age of fifteen to circumstances that could harm the child's physical or mental health. This could include leaving a young child alone in a public place without reasonable care or supervision.