In some situations, child abandonment is obvious, leaving little room for interpretation of a parent’s intent. In others, however, abandonment is not so clear cut, and you may have to prove to the courts that abandonment took place.
If you suspect that your child’s other parent or the parents of a child in your care are guilty of abandonment, it is important to familiarize yourself with California’s abandonment laws. California Legislative Information explains when you may bring an abandonment action.
Abandonment under CA law
Per California law, abandonment generally occurs when one of three things happens:
- A parent or parents has left a child without provision or any means of identifying to whom the child belongs
- A parent left a child in the sole care and custody of the other parent for at least one year without any means of communication or provision for the child’s support and with an intent to abandon the child
- One or both parents left the child in the sole care and custody of another person for six or more months without any means of communication or provision for the child’s support and with an intent to abandon the child
If one of these situations applies to you, you may have an abandonment case.
Evidence of abandonment
If you suspect you have an abandonment case, the courts will require you to provide evidence. Evidence of abandonment may include failure for the parent or parents to support the child, failure for them to communicate or attempt to communicate with the child, and/or failure to identify themselves as the parents. If a parent or parents makes only small efforts to communicate with the child, the courts may consider the child abandoned.
Abandonment is a serious allegation against one or both parents. If you wish to bring an abandonment case, it is imperative that you familiarize yourself with the law and your rights.
