Abandonment Laws in California (2026): What You Need to Know
California has strict laws about abandonment that protect children, spouses, and property owners.
These laws can result in serious consequences including jail time, fines, and loss of parental rights. Understanding these laws can help you protect your family and avoid legal trouble.
What Is Abandonment Under California Law?
Abandonment in California means leaving someone or something without proper care or support. The state has different laws for different types of abandonment. California law covers three main types: child abandonment, spousal abandonment, and property abandonment.
Each type has specific rules and penalties. What counts as abandonment depends on the situation and how long someone has been gone.
Child Abandonment Laws
What Is Child Abandonment?
Under California Family Code Section 7822, child abandonment occurs when a parent leaves a child without identification, fails to provide support or communication for specific time periods, or acts without regard for the child’s safety.
Child abandonment can happen when a parent leaves a child with the other parent for a year or more without providing support or communication, or leaves the child with someone else for six months or more under the same conditions.
Examples of Child Abandonment
Child abandonment can include not making effort to communicate with and support the child, leaving the child with another person without providing support, or failing to visit or make contact with the child.
It also includes leaving a child younger than 13 years old without supervision by a responsible person at least 15 years old.
Criminal Penalties for Child Abandonment
Child neglect is usually a misdemeanor punishable by up to one year in county jail and a fine up to $2,000. Child abandonment as a felony can result in up to six years in state prison, fines, and probation.
If a court has determined you are a child’s parent and you still refuse to provide necessities, you could face felony charges with up to one year in jail or a year and a day in prison.
Loss of Parental Rights
California Family Code Section 7820 allows courts to terminate parental rights when a parent abandons their child. When parental rights are terminated, the parent can no longer make decisions about raising their child, and all parental obligations and rights end permanently.
The termination is very hard to reverse. You can only appeal if your child doesn’t get adopted after your rights are terminated.
Spousal Abandonment Laws
What Is Spousal Abandonment?
Spousal abandonment occurs when one spouse intentionally leaves the marital home without the other spouse’s consent and with intent to end the marriage. California law recognizes spousal abandonment when the abandoning party has no intention of returning and has been absent for a prolonged time.
Criminal Penalties for Spousal Abandonment
California Penal Code Section 270a makes spousal abandonment a misdemeanor when someone with the ability to support their spouse willfully abandons them in a destitute condition or refuses to provide necessary food, clothing, shelter, or medical care.
While getting a spouse arrested may not provide much help, this law shows that California expects married spouses to support each other financially.
Impact on Divorce Proceedings
Even though spousal abandonment is a crime, it cannot serve as grounds for divorce because California only recognizes “irreconcilable differences” and incurable insanity as grounds for divorce.
However, abandonment can still affect divorce outcomes:
If abandonment causes financial hardship, courts may award alimony to the abandoned spouse. Courts could also reduce property awarded to the abandoning spouse or give them more debt.
Abandonment has a major impact on custody decisions, as a parent who abandons the family without support will not be seen as responsible.
Property and Tenant Abandonment Laws
Tenant Abandonment of Rental Property
Under California Civil Code Section 1951.3, landlords can declare property abandoned if rent hasn’t been paid for at least 14 consecutive days and they give proper notice.
Landlords must mail a “Notice of Belief of Abandonment” and wait for the tenant to respond within specified time periods before taking possession.
Abandoned Personal Property
When tenants leave belongings behind, California law requires landlords to protect the property for up to 18 days after issuing a notice of property abandonment. Landlords cannot immediately dispose of items and must follow specific procedures.
Items worth less than $700 can be kept by landlords or disposed of, while more expensive items must be sold at auction with profits going to the county.
Special Circumstances and Exceptions
Safe Haven Laws
California has “Safe Surrender” laws that allow mothers to safely abandon newborn infants in safe locations like churches, hospitals, and fire stations without being charged with abandonment.
Religious Exemptions
California law protects parents whose religious beliefs prohibit traditional medical care, allowing “treatment by spiritual means through prayer” as acceptable remedial care. However, parents must still get medical care when necessary.
Financial Hardship Defense
Courts must consider a parent’s income and financial resources when determining if they willfully withheld care, providing a “lawful excuse” defense for those unable to provide basic needs due to financial circumstances.
How to Report Abandonment
If you suspect child abandonment, contact local law enforcement or Child Protective Services immediately. People in certain roles like nurses, social workers, and teachers are mandatory reporters who must report suspected abandonment.
For spousal abandonment, gather evidence and consult with a family law attorney. Document all communications and financial support attempts.
For tenant abandonment, landlords should follow proper legal procedures and contact an attorney before taking possession of abandoned property.
Frequently Asked Questions
How long does someone have to be gone before it’s considered abandonment?
For child abandonment, it’s one year with the other parent or six months with someone else without support or communication. For spousal abandonment, there’s no specific time period – it depends on intent and circumstances.
Can I get my parental rights back after they’re terminated for abandonment?
Termination of parental rights is permanent unless you meet extremely strict standards to reverse the order. Appeals are very limited and difficult.
Does moving out of the house automatically mean abandonment?
Simply moving out doesn’t qualify as abandonment if you continue to provide financial support and maintain contact with family. Intent to permanently end relationships is required.
Can I use abandonment as grounds for divorce in California?
No, California is a no-fault divorce state that only recognizes “irreconcilable differences” as grounds. However, abandonment can affect property division, custody, and support decisions.
What should I do if my spouse has abandoned me?
Gather evidence, protect your assets, consult with a family law attorney, and file for divorce if needed. Take legal action quickly to secure your assets and protect your rights.
Final Thoughts
Abandonment laws in California are serious and can have life-changing consequences. Whether you’re dealing with child abandonment, spousal abandonment, or property issues, these laws protect vulnerable people and ensure responsibilities are met.
If you’re facing abandonment charges or have been abandoned, get legal help immediately. An experienced attorney can protect your rights and help you understand your options. Remember that early action is often crucial in these cases.