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 Nebraska, child abandonment is addressed under state statutes, which define abandonment as a parent's failure to maintain a substantial and continuous or repeated normal parental care and protection of a child. This can include both failing to establish a significant parental relationship with the child through regular communication and failing to provide necessary care and support. The period after which abandonment is presumed may vary, but typically it is one year. If a parent abandons a child, it can be grounds for the termination of parental rights, particularly if there is another adult willing to adopt the child, such as a stepparent or another family member. Additionally, under Nebraska law, child abandonment can lead to criminal charges if a parent or guardian leaves a child in a situation where harm could reasonably be expected to occur, such as leaving a young child alone in a public place. The specific age at which a child can be considered to be abandoned and the circumstances that constitute abandonment may be subject to interpretation by the courts.