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 West Virginia, the concept of child abandonment is addressed under both family and criminal law. Under family law, abandonment is considered a form of neglect and can be grounds for the termination of parental rights if a parent fails to support or communicate with their child for a continuous period of at least six months. This is outlined in West Virginia Code §49-4-604, which specifies the circumstances under which a court may order the termination of parental rights. However, the court typically requires that there be another person, such as a stepparent or relative, willing to adopt the child before terminating parental rights. On the criminal side, West Virginia Code §61-8D-3 defines child neglect creating risk of injury, which can include acts that may be seen as abandonment, such as leaving a child in a situation where the child's welfare is endangered. The age at which a child can be left alone is not specified in the statute, but the standard is based on whether a reasonable person would leave a child in similar circumstances. Penalties for criminal child neglect can include fines and imprisonment.