Child Abandonment Laws in Arizona

In Arizona, a parent can be guilty of child abandonment if they fail to give their child reasonable support or normal supervision. Minimal efforts to have regular contact or provide support over a six-month period may also be considered abandonment. 

Families dealing with child abandonment often have many questions about their legal rights and obligations. Understanding child abandonment laws in Arizona can help you feel informed to take the necessary steps to do what is best for the children involved. Having a compassionate family law attorney to help you along the way can help protect your and your child’s rights.

What Is Considered Child Abandonment in Arizona?

According to Arizona law, child abandonment occurs when a parent demonstrates one of the following behaviors toward a child under the age of 18 for six months or longer:

• Failure to provide reasonable support
• Failure to maintain regular contact with the child
• Failure to supervise the child regularly
• Providing the child with only minimal support, contact, or supervision

Child abandonment can take many forms, including moving to another state or country without being in touch, leaving children alone for extensive periods due to work obligations, and emotional abandonment due to drug or alcohol addiction.

What Are the Penalties for Child Abandonment?

Arizona considers child abandonment a grave offense with serious legal consequences. Depending on the situation, abandonment may be classified as a misdemeanor, a class 2 felony, or anything in between. When determining the charges, prosecutors will consider factors such as whether the child was at risk of harm and whether the parent or guardian abandoned the child negligently, recklessly, or intentionally:

• Misdemeanor – A parent who risks their child’s life or endangers the child’s health or moral welfare via neglect, abuse, or immoral associations may be charged with a class 1 misdemeanor.
• Class 4 or 6 felony – A parent who risks or causes direct harm to their child via neglect or abandonment by failing to take responsibility for their child-caring duties may be charged with a class 4 or 6 felony.
• Class 3 or 5 felony – A parent who risks or causes direct harm to their child by recklessly placing the child in a dangerous position may be charged with a class 3 or 5 felony.
• Class 2 or 4 felony – A parent who risks or causes direct harm to their child by intentionally and knowingly neglecting or abandoning their child may be charged with a class 2 or 4 felony.

Misdemeanor child abandonment charges may result in a six-month incarceration sentence and a fine of $2,500. If facing felony charges, the accused could spend a minimum of one year in prison. While the criminal penalties are severe, there can also be civil consequences when it comes to parental rights.

Can the Parent Taking Care of the Child File for Termination of Parental Rights?

Many child abandonment cases involve only one parent abandoning the child. In such cases, the parent taking care of the child can file a petition to terminate the other parent’s parental rights. If the state finds that the parent’s actions rise to the legal definition of abandonment, their parental rights can be terminated. An Arizona child custody lawyer can help you determine your parental rights and whether you should be awarded sole custody of your child.

How Do You Prove Child Abandonment in Arizona?

Proving child abandonment in Arizona requires showing that the parent failed to provide reasonable support, maintain regular contact, or provide normal supervision for their child for at least six months. Evidence may include:

• Bank records showing a lack of financial contributions
• Phone records demonstrating a lack of communication
• Testimony from teachers, doctors, or others showing the parent’s lack of involvement
• Records showing the parent moved away without making arrangements for the child
• Witness statements about the parent leaving the child unattended for long periods

The court will examine whether the parent made minimal efforts to maintain contact or provide reasonable supervision and support. The parent also has an opportunity to provide a reason why they abandoned the child. An experienced family law attorney can help gather evidence and build a compelling case that the other parent abandoned your child, giving you sole parental rights.

What Is the Safe Haven Law?

The Safe Haven Law is one exception to Arizona’s child abandonment laws. Arizona law states that, until the baby is 31 days old, a parent can leave their child with one of the following without facing child abandonment charges:

• A member of a hospital staff
• An on-duty EMS provider
• An on-duty firefighter
• An adoption agency
• A licensed private child welfare agent
• A church

While a person cannot be prosecuted under these circumstances, you should speak to an Arizona family law attorney as soon as possible if you have a child whose other parent took this action. A knowledgeable lawyer can inform you of your rights.

Contact an Arizona Family Law Attorney

Separation and divorce always come with challenges, particularly when children are involved. However, if your former partner has neglected or abandoned your child, you have a right to take legal action to protect your child’s welfare. Your child’s well-being comes first, and we agree.

The experienced family law attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. understand how complicated and delicate the situation can become when you are dissolving your relationship. Our team wants what is best for you and your child. We will fight relentlessly to protect the future you deserve. Contact us today for a confidential consultation to learn more about how we can help you.

Visit Our Arizona Family Law Offices