Intent is key in the legal definition of ‘abandonment’

Abstract

Establishing clear and convincing evidence that a parent has been neglectful—leaving the children in potentially dangerous circumstances—could be a ground for termination regardless of whether or not physical abuse occurred. There is not necessarily a requirement to show that a child suffered actual injury. Instead, parental conduct that creates an environment that endangers the child could be sufficient to establish the need for termination of parental rights. Abandonment—especially proving each mother’s intent to abandon children—may be a difficult burden of proof to sustain.