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 Virginia, child abandonment is addressed under both family and criminal law. Under Virginia Code § 16.1-283, abandonment is one of the grounds for terminating parental rights. The statute considers a parent to have abandoned a child if the parent, without good cause, has not had significant contact with the child for a period of six months. Additionally, the parent must have failed to provide for the care and support of the child as required by law or judicial decree. The termination of parental rights is a serious matter and generally requires that there be another person, such as a stepparent or relative, willing to assume the parental role through adoption. On the criminal side, Virginia Code § 18.2-371.1 addresses child neglect and abuse, which can include leaving a child in a situation that endangers the child's life or health. If a parent or guardian willfully abandons a child under circumstances that could endanger the child's well-being, they may face criminal charges. The specific age at which a child can be left alone is not defined by statute, but leaving a young child, such as an 8-year-old, in a public place without supervision could potentially lead to criminal charges of abandonment or neglect.