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 New Hampshire, parental abandonment is addressed under RSA 169-C, the Child Protection Act. A parent may be considered to have abandoned a child if they fail to communicate with the child or to provide reasonable support for a specified period, which is generally six months. This lack of contact and support must be willful and without just cause. If abandonment is established, it can be grounds for the termination of parental rights, particularly if it is in the best interest of the child and there is another person, such as a stepparent or relative, ready to adopt the child. Regarding criminal charges, under RSA 639:3, a parent or guardian can be charged with endangering the welfare of a child if they knowingly endanger the child's welfare by abandoning the child. The age of the child and circumstances of abandonment would be factors in determining whether the act was criminal. It is important to consult with an attorney for specific legal advice and to understand the full legal implications of abandonment in New Hampshire.