Child Abandonment Laws in California

What You Need to Know About Child Abandonment Laws in California

Child abandonment can be grounds for the termination of one or both parents’ child custody rights. Here’s what you need to know about child abandonment laws in California.

California’s child abandonment laws can be found in California Family Code Section 7820. The California Family Code is the set of laws that govern family relations, including marriage, divorce, and legal separations.

Child Abandonment in California Family Code

California Family Code Section 7820 states that a proceeding to declare a minor child free from the custody of either or both parents can be held if any of the following conditions are met:

The child was left without provision for the child’s identification, such as a birth certificate.
The child was left for a six-month period by one or both parents without provision for the child’s support, communication with the other parent, with the intent to abandon the child.
One parent left the child in the care and custody of the other parent with no provision for support or communication for a one-year period, with the intent to abandon the child.

According to Section 7820, the failure to provide identification, support, or communication on behalf of the child is speculative evidence of the child’s abandonment. Additionally, if the parent makes only minimal and insignificant contact or efforts to contact the minor child, the court may declare the minor child abandoned.

If a minor child is declared free from the custody of either or both parents, the parent loses their parental rights over the minor child.

Child Abandonment in California Penal Code

The California Penal Code also has information on child abandonment laws in the state, but also states the punishments associated with child abandonment. More information on the punishments for child abandonment in the state can be found on California’s legislative information website.

FAQs About Child Abandonment Laws in California

Who can bring a child abandonment case to the court?

Anyone can bring a child abandonment case to the court, as long as any of the following conditions are met:

The child was left without provision for identification, such as a birth certificate.
The child was left for a six-month period by one or both parents without provision for the child’s support, communication with the other parent, with the intent to abandon the child.
One parent left the child in the care and custody of the other parent with no provision for support or communication for a one-year period, with the intent to abandon the child.

This means that a legal guardian, a grandparent, a step-parent, an adult sibling, or any other adult who is taking care of the child can bring the case to court.

How do I prove that my child was abandoned?

The failure to provide identification (such as a birth certificate), support (such as through money), or communicate with the other parent or another legal guardian for the child is viewed by the court as “presumptive evidence” of the parent’s intent to abandon the child.

Additionally, if the parent only makes minimal and insignificant contact or efforts to contact the minor child, the court may declare the minor child abandoned.

How long can a parent go without seeing their child/providing them support/communicating with another adult about their child’s care?

A child is considered abandoned if it was left for six months without provisions for their support or communicating about the child’s support with the other parent. A child is also considered abandoned if they were left in the care and custody of the other parent or a legal guardian for one year without provisions for their support or communicating about the child’s support with the other parent or legal guardian.

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If you or a loved one have any more questions about child abandonment laws in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!