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 South Carolina, abandonment is recognized as a ground for terminating a parent's rights to their child. According to South Carolina Code Ann. § 63-7-2570, a parent can be considered to have abandoned a child if they willfully fail to visit or support the child for a period of six months. Termination of parental rights is a serious legal action and generally requires a court hearing where the parent has the opportunity to be heard. The court must find that termination is in the best interest of the child and that the parent has not remedied the conditions that led to the abandonment. Additionally, South Carolina law typically requires that there be an individual, such as a stepparent or another family member, ready to adopt the child before terminating the biological parent's rights. As for criminal charges, under South Carolina Code Ann. § 63-5-70, it is unlawful for a parent or guardian to willfully abandon a child, and doing so can result in criminal penalties. The specifics of what constitutes abandonment in a criminal sense can depend on the circumstances, including the age of the child and the situation in which they were left.