Abandonment of child

Abandonment of child

What does Abandonment of child mean in American Law?

The definition of Abandonment of child in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

This ordinarily requires both physical desertion and intention to abandon. The latter may be implied from the mere physical desertion, but usually some additional evidence of intent to effect an abandonment will be required. To the extent that the parent’s actual intention to abandon is thus made relevant, the surface purposes of the law governing child abandonment would seem to be contradicted, or at least deeply qualified. For if the interests of the child, rather than the “property” interests of the parent in the child, are being served, then the subjective intent of the physically abandoning parent would seem barely relevant; the child will be affected by the objective indicia of abandonment whatever the parent’s hopes for future return. There is, therefore, growing judicial and scholarly adherence to an objective definition of child abandonment.


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