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 Tennessee, parental abandonment is defined under Tennessee Code Annotated § 36-1-102, where it is considered a ground for terminating parental rights. A parent may be deemed to have abandoned a child if they willfully fail to visit or support the child for a period of four consecutive months. Additionally, if a parent is incarcerated for a period of time that constitutes a substantial portion of the child's minority, and the parent has engaged in conduct prior to incarceration that exhibits a wanton disregard for the welfare of the child, this may also be grounds for termination of parental rights. Termination of parental rights in Tennessee requires a petition to be filed and a court to find that it is in the best interest of the child, and that there is clear and convincing evidence of the statutory grounds for termination, such as abandonment. If another adult, like a stepparent or relative, wishes to adopt the child, the court is more likely to terminate the biological parent's rights to clear the way for the adoption. Regarding criminal charges, under Tennessee Code Annotated § 39-15-401, a parent can face charges for child abandonment or neglect if they knowingly expose a child under the age of eight to abandonment in circumstances that pose a threat of harm to the child's health or safety.