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 Pennsylvania, child abandonment is addressed under both family and criminal law. Under family law, abandonment may be considered grounds for involuntary termination of parental rights if a parent fails to perform parental duties for at least six months. This includes failing to maintain substantial and continuing contact with the child and/or failing to provide financial support. However, Pennsylvania law typically requires that there be another individual, such as a stepparent or relative, willing to adopt the child before parental rights are terminated. On the criminal side, Pennsylvania law penalizes a parent or guardian who endangers the welfare of a child by violating a duty of care, protection, or support. This can include leaving a child in circumstances where their welfare is endangered, such as abandoning a young child in a public place without reasonable care. The specific charges and penalties would depend on the circumstances of the case.