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 Louisiana, child abandonment is addressed under both civil and criminal statutes. Civilly, abandonment is considered a ground for the involuntary termination of parental rights if a parent fails to communicate or provide support for the child for a period of at least six months. However, Louisiana law typically requires that there be someone willing to adopt the child before terminating parental rights on the basis of abandonment. Under Louisiana Children's Code Article 1015, one of the grounds for termination is abandonment by the parent for at least six months. On the criminal side, under Louisiana Revised Statutes 14:93, it is considered a crime of 'cruelty to juveniles' to willfully abandon a child under the age of 10 without provision for adequate care, which could result in criminal charges. The specific circumstances, such as leaving a child in a potentially harmful situation, would be taken into account when determining whether the act constitutes criminal abandonment.