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 Alabama, parental abandonment is defined under state law as a situation where a parent fails to maintain contact with their child and does not provide financial support for a specified period, which can lead to the termination of parental rights. Alabama Code § 12-15-319 outlines the grounds for termination of parental rights, including abandonment. The law generally requires a period of six months for abandonment to be considered as a ground for termination. However, Alabama courts are typically reluctant to terminate parental rights unless there is another person, such as a stepparent or relative, willing to adopt the child. Regarding criminal charges, Alabama Code § 13A-13-6 addresses the crime of child abandonment, which occurs when a parent or guardian willfully abandons a child under 18 years old in any situation that could endanger the child's well-being. The specific circumstances and the child's age can influence whether the act is considered a misdemeanor or a felony.