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 Ohio, child abandonment is addressed under both family and criminal law. Under Ohio Revised Code Section 2151.03, a child may be considered neglected, which can include situations of abandonment, if the parent has demonstrated a lack of proper parental care or support. If a parent fails to maintain contact with the child and withholds financial support for an extended period, typically for at least one year, this may be grounds for the state to initiate proceedings to terminate parental rights. However, Ohio courts generally prefer to terminate parental rights only when there is another individual, such as a stepparent or relative, ready to step in and adopt the child. On the criminal side, under Ohio Revised Code Section 2919.22, it is an offense to abandon or fail to provide for a child under 18 in a way that endangers the child's health or safety. The severity of the charges can range from a misdemeanor to a felony, depending on the circumstances and degree of risk to the child.