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 Mexico, parental abandonment is defined under state statutes as the willful forsaking of parental duties, such as failing to provide reasonable support and maintain regular contact with a child for a specific period, which is typically one year. This can lead to the termination of parental rights if it is found to be in the best interest of the child and there is a petition for adoption by another adult, such as a stepparent or another family member. The termination process is conducted through the courts and requires clear and convincing evidence of abandonment. Additionally, New Mexico law considers it a criminal act to leave a child in a situation where their safety or health is at risk, which could lead to charges of abandonment or neglect. The specific age at which a child can be left alone is not set by statute, but leaving a young child, such as an 8-year-old, in a public place without reasonable care or supervision could indeed result in criminal charges.