Child abuse laws apply to any parent who exhibits behavior that threatens the well-being of their child through the act of intentionally withholding necessary means such as food, shelter, or medical care. Anyone exhibiting these behaviors can be accused of child abuse and abandonment. Further, California Law classifies child abuse and abandonment as both a civil and criminal issue, whose charges can coincide with child neglect. Therefore, if you suspect that a child is the victim of child abuse and abandonment, you must understand your legal rights and process to protect that child from further harm.
Understanding Child Abandonment:
California Penal Code defines child abuse as the willful act of withholding the necessary means of caring for a child. This behavior can be exhibited through a parent’s failure to provide the necessary clothing, food, shelter, medical care, or other remedial care means. However, a parent engaging in child abuse and abandonment behaviors will rarely self-identify.
How To File For Child Abandonment
The first step to filing a claim for child abandonment is identifying the abusive behavior. A parent may be charged with Child Abandonment in California if they have:
- Left their child in the sole care of the other biological parent for one full calendar year
- Or, they have left their child in the sole care of an adult, who is not the biological or legal guardian, for a minimum of six months.
- Failed to regularly visit their child throughout a minimum period of six months
- Failed to partake in and complete a program designed to support parent-child reunification.
- Been absent from their home for a period that risks the safety of their child(ren)
- Left their infant child in a dumpster, trashcan, on a doorstep or porch, or the side of a road.
- Willfully exposed their child to dangerous behaviors and settings.
- Intentionally failed to provide general care, supervision, or support for their child(ren)
In most cases of abandonment, the parent has left their child in the care of the other parent or another family member. In other cases, the child has been left in the care of a foster family or state agency. In all instances, a parent must have left their child in the care of someone else while failing to engage in any form of contact for there to be grounds for a child abandonment charge.
Child Abandonment Charges
Child abandonment charges are either a felony or misdemeanor in California. When child abuse and abandonment have occurred, several courses of action can be taken to protect the child from further harm. Additionally, charges related to child abuse and neglect are misdemeanors. If a parent abandons their child, it is a felony charge.
Parents who have been charged with the misdemeanor of Child Abuse/Neglect may be sentenced to the following:
- A fine of up to 2,000 dollars
- Be sentenced to a period of imprisonment that may not exceed one calendar year
- A court-ordered period of probation
- Or a combined sentence to a period of imprisonment, probation, and a fine
Parents who have been fined with the felony charge of child abandonment may be sentenced to the following:
- A sentence of imprisonment for a period of up to six years
- Be fined up to 2,500 dollars
- Be sentenced to a court-ordered period of probation
- Or a combined sentence to a period of imprisonment, probation, and a fine
When reviewing a case of child abuse, the court will consider the accused parent’s financial situation and various other life factors when determining the verdict. These factors are used to determine whether the parent’s failure to provide necessary resources to their child was an intentional act or a by-product of their economic and living situations.
Proving a Child has been Abandoned
Proving a child has been abandoned or abused in California requires that the petitioning party provide and prove evidence that the acts of neglect and abandonment were done willfully and intentionally. According to California Family Code, the following information will be accepted and considered by the courts as evidence of child abuse and abandonment:
- Evidence of the parent(s) failure to provide legal identification for the child
- Evidence of the parent(s) failure to provide any form of support or care for their child
- Evidence of the parent(s) failure to engage in any form of communication
Depending on the circumstances of your case, the court may rule that the child was abandoned even if the parent(s) has made a few attempts to contact, visit, or support the child. However, the court aims to protect children from child abuse and abandonment. Therefore, they may rule against the parent(s) if no serious attempts to care for the child physically or financially have been made.
Terminating Parental Rights
The termination of parental rights in California requires one requires court attendance. In some child abandonment cases, one may not be required to appear in court. Although, if one is seeking the termination of the child’s biological parent(s) parental rights in response to the abandonment of a child, they will be required to litigate the case in a courtroom. There are several reasons, including child abandonment, that you may be seeking the termination of a parent’s parental rights. These reasons can include:
- A parent getting remarried to a partner who wishes to adopt the child(ren)
- The child’s parent(s)’ drug and alcohol use puts the child at risk or in immediate danger.
- The parent(s) has abandoned and failed to provide any necessary means of care and support.
Though the reasoning behind terminating a parent’s parental rights may vary, in cases of child abuse, parental rights will be terminated immediately by the court upon proving that the parent is guilty of abandoning their child. The termination of parental rights prevents the guilty parent from pursuing custody, visitation, and providing support. In cases where both of the child’s biological parents have had their parental rights terminated, the child may become eligible to be adopted or undergo a legal guardianship change.
Contact Pride Legal
If you or a loved one has been the victim of child abandonment or abuse, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.