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 Dakota, parental abandonment is addressed under state statutes, which generally define abandonment as a parent's willful desertion or neglect of a child without adequate provision for the child's needs and safety for a specified period. According to SDCL 25-5A-2, abandonment of a child may be considered when a parent has failed significantly without justifiable cause to communicate with the child or to provide for the care and support of the child as required by law or judicial decree for a period of six months. This can be grounds for termination of parental rights, particularly if it is in the best interests of the child and there is another person, such as a stepparent or relative, willing to assume parental responsibilities through adoption. Additionally, under SDCL 26-8A-2, abandonment may also lead to criminal charges if a parent or guardian leaves a child in a situation where the child's health or safety is at risk. The specific circumstances, such as the child's age and the conditions of abandonment, will determine the applicability of criminal charges.