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There is no separate claim in North Carolina for abandonment; however, it may be relevant in certain situations such as claims for divorce from bed and board and alimony where fault is a central part of the claim.

North Carolina takes abandonment seriously. If you abandon your family, as defined by state law, it can impact your divorce or child custody. Abandonment can also mean your former spouse getting a larger portion of the marital estate or more in alimony.

A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated. Abandonment involves a parent's intention to give up their parenting duties and claims. This generally requires showing more than simple neglect.

Under North Carolina law, abandonment occurs when one spouse (1) willfully ends cohabitation; (2) without the intent to resume living together; (3) without consent of the other spouse; and (4) without justification or provocation.

The other parent has not provided financial support for one year, and the other parent granted custody of the child. The other parent abandoned the child for six consecutive months. If the child was an infant, the parent abandoned them for at least 60 days.

How to Prove Child Abandonment Documentation that you have not received any financial support from the other parent for a significant period of time, such as more than six months or one year. Testimony that the other parent has not had contact with the child for a significant time.