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 Wisconsin, child abandonment is addressed under both family law and criminal statutes. Under Wisconsin Statute 48.415(1)(a)2, abandonment is one of the grounds for involuntarily terminating parental rights. It is defined as a parent expressing no interest or having no contact with the child for a period of six months or longer. However, before parental rights can be terminated on the basis of abandonment, the court must find that such action is in the best interest of the child, and there is typically the requirement for another person, such as a stepparent or relative, willing to assume parental responsibilities through adoption. On the criminal side, Wisconsin Statute 948.20 deals with abandoning or neglecting a child, which can lead to criminal charges if a parent or guardian leaves a child in any situation where the child's welfare is endangered, such as leaving a young child alone at a mall. The severity of the charges can range from a misdemeanor to a felony, depending on the circumstances and the level of risk to which the child was exposed.