What Constitutes Child Abandonment in Texas?

Parents have a responsibility to provide proper care and supervision for their children. The failure to do so could potentially be child abandonment. Abandonment is a criminal offense and can have profound implications. This raises an important question: What constitutes child abandonment? The short answer is that child abandonment occurs when a parent or guardian leaves a child under the age of 15 without reasonable supervision, care, or the intent to return. Here, our family law attorney provides a more detailed overview of the definition of child abandonment in Texas and its implications.

Know the Law: Child Abandonment in Texas (A Criminal Offense)

Child abandonment is classified as a criminal offense in Texas. Parents should know that they can be arrested and charged with a crime if they abandon their child. Under Texas law (Texas Penal Code § 22.041), child abandonment is defined as intentionally leaving a child who is under the age of 15 years old in any place without:

• Providing reasonable and necessary care
• Protection from an unreasonable risk of harm

To be clear, in Texas, child abandonment is not the same thing as child endangerment. These are separate but related offenses under our state’s criminal law. A person commits child endangerment if they knowingly, intentionally, recklessly, or with criminal negligence place a child in imminent danger of physical or mental harm.

Family Law Implications for Child Abandonment in Texas

Child abandonment may be treated as a criminal matter in Texas. However, that is not always the case. Regardless of whether formal criminal charges are filed, the act of child abandonment has significant implications for family law. Here are the key points to know:

• State Authorities May Get Involved (Civil): Under the Texas Family Code, abandonment can be considered neglect. That could lead to the intervention of the Texas Department of Family and Protective Services (DFPS). If a parent is found to have abandoned their child, DFPS may remove the child from their custody.
• Parental Rights May Be Modified or Terminated: In custody (conservatorship) cases, abandonment can be grounds for modifying or terminating parental rights. A court will always act in the child’s best interest, and if a parent has abandoned their child, the court may limit or revoke their parental rights. That could result in the other parent gaining sole managing conservatorship or even a third party—such as a grandparent—obtaining guardianship over the vulnerable child.

Contact Our Pearland, TX Family Lawyer Today

At The Powell Law Firm, our Pearland family law attorney is standing by, ready to protect your rights and interests. If you have any questions about child abandonment, we are here to help. Give us a call now or contact us online for a fully private, no-obligation initial case review. With an office in Pearland, TX, we handle high-conflict custody and visitation cases throughout the region.