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 Jersey, parental abandonment is recognized as a form of child neglect and can lead to the termination of parental rights. Under New Jersey law, abandonment is defined as a parent's willful forsaking of an obligation to care for and support the child, which can include both a lack of contact and a failure to provide financial support. The period after which abandonment may be presumed typically ranges from six months to one year. Termination of parental rights based on abandonment generally requires a demonstration that such action is in the best interest of the child, and it is more likely to occur if there is another adult willing to assume parental responsibilities through adoption. Additionally, New Jersey criminal statutes may penalize a parent or guardian who leaves a child in a situation where their welfare is endangered, such as leaving a young child unattended in a public place, which could be prosecuted under child endangerment or abandonment laws.