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 Oklahoma, child abandonment is addressed under both family and criminal law. Under Oklahoma statutes, abandonment is considered a ground for the termination of parental rights if a parent fails to maintain a substantial and positive relationship with the child, including providing financial support, for a period of 12 consecutive months out of the last 14 months. The court may terminate a parent's rights if it finds such abandonment and that termination is in the best interest of the child, often in cases where another adult is willing to adopt the child. On the criminal side, Oklahoma law considers it a felony to willfully or maliciously engage in child neglect, which can include abandonment. This could apply to situations where a parent leaves a child in circumstances where their health or safety is at risk, such as leaving a young child alone at a shopping mall. The specific age at which a child can be considered abandoned is not fixed at 15, but the assessment would depend on the child's ability to care for themselves and the level of risk involved in the situation.