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 Utah, child abandonment is addressed under both family law and criminal statutes. Under Utah Code Ann. § 78A-6-508, abandonment is defined as a parent's intentional cessation of custody and care of the child for a period of at least six months. This can be grounds for involuntary termination of parental rights if the court finds that such action is in the best interest of the child and that the parent has neglected or abused the child, or is unfit. Additionally, if another adult, such as a stepparent or relative, is willing to adopt the child, the court is more likely to terminate the biological parent's rights. On the criminal side, Utah Code Ann. § 76-5-109 states that a parent or guardian commits child abandonment, a third-degree felony, if they intentionally cease to maintain physical custody of a child, intentionally fail to make reasonable arrangements for the safety, care, and physical custody of the child, and intentionally fail to provide the child with food, shelter, or clothing. The specifics of the case, such as the child's age and circumstances of abandonment, will influence whether criminal charges are brought.