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Child Abandonment

Being accused of child abandonment in Colorado is a profoundly serious matter, blending criminal charges with sensitive family issues. These cases often involve difficult questions about intent, parental responsibility, and the welfare of the child. A conviction can result not only in jail or prison time but also in the loss of custody rights, long-term damage to reputation, and permanent restrictions on contact with children.

Unlike some other offenses, allegations of child abandonment carry a strong emotional response from courts, juries, and the public. Even before a case reaches trial, an accusation can impact your employment, housing opportunities, and personal relationships. Child abandonment charges are frequently accompanied by investigations from child protective services, meaning you may face both criminal prosecution and civil proceedings that affect custody and parental rights.

Child Abandonment Attorney in Colorado

Because Colorado laws governing child abandonment and child neglect are strict and highly fact-specific, it is crucial to understand how the law applies. At the Law Office of Matthew A. Martin, P.C., we provide aggressive, compassionate defense for those accused of abandoning or neglecting a child. We work to ensure that every client fully understands the charges, the possible consequences, and the defenses available under the law.

If you or someone you love is facing charges for child abandonment, call (303) 725-0017 to set up your free consultation today.

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Colorado Laws on Child Abandonment

Under C.R.S. § 18-6-401, child abandonment is part of Colorado’s child abuse statutes. A person commits child abandonment when they knowingly or recklessly desert, leave, or fail to provide adequate care for a child under circumstances that threaten the child’s life, health, or safety.

Key points:

  • Abandonment includes leaving a child without providing necessary care, supervision, or support.
  • No requirement of injury — the act of leaving a child in danger, even if the child is unharmed, can still constitute abandonment.
  • Intent matters: prosecutors must show the parent or caregiver knowingly or recklessly placed the child in harm’s way.

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Common Situations That Constitute Child Abandonment in Colorado

Child abandonment does not always involve a parent leaving a child permanently. Under Colorado law, a variety of everyday actions may qualify as abandonment if they expose the child to harm or demonstrate a failure to provide care. Courts and prosecutors look closely at the context of each case, but some examples include:

  • Leaving a Child Home Alone for Extended Periods
     For instance, leaving a young child unsupervised overnight or for several hours without access to food, supervision, or emergency support.
  • Abandoning a Child in a Public or Isolated Place
     Leaving a child at a park, shopping center, or other public area without ensuring their safety or arranging for supervision.
  • Locking a Child in a Vehicle
     Leaving a child unattended in a car, especially in extreme temperatures, can lead to abandonment charges even if harm does not occur.
  • Failing to Provide Basic Necessities
     Repeatedly neglecting to provide food, shelter, medical care, or supervision may constitute abandonment.
  • Deserting a Child During Travel
     Leaving a child at a rest stop, bus station, or other location without arranging safe return or supervision.
  • Parental Desertion
     Intentionally leaving a child with no plan for their care, such as dropping them off with a non-relative and failing to return.
  • Failure to Reclaim a Child from Care
     Not retrieving a child from school, daycare, or a babysitter for an extended time without arranging alternative care.

Even when a parent or guardian did not intend to harm the child, placing the child in a situation that creates a risk of harm can still result in child abandonment charges. Colorado law focuses heavily on the child’s safety and welfare, rather than the caregiver’s intentions.

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Key Elements Considered by a Jury

In deciding a child abandonment case, jurors may evaluate:

  • Child’s Age and Vulnerability — Leaving an infant or toddler unsupervised is treated much more severely than leaving an older child under safer circumstances.
  • Length of Time and Circumstances — How long the child was left alone, and in what conditions (locked in a car, home without food, unsafe environment, etc.).
  • Parent or Caregiver’s Intent — Whether the abandonment was deliberate, reckless, or due to misunderstanding or emergency circumstances.
  • Risk to the Child’s Safety — Even without actual harm, the risk of harm (exposure, injury, lack of supervision) is enough to meet statutory requirements.
  • Consent or Arrangements Made — Jurors will consider whether the parent made responsible arrangements for care or truly deserted the child.

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Penalties and Aggravating Factors

The penalties for child abandonment in Colorado depend on the level of risk and harm involved.

Basic Penalties

  • Class 1 Misdemeanor (Neglect/Low Risk Situations): Up to 364 days in county jail and fines up to $1,000.
  • Class 5 Felony (Child Abuse Creating Risk of Serious Bodily Injury): 1 to 3 years in prison and fines up to $100,000.

Aggravating Factors

  • Serious Bodily Injury to the Child: Elevated to a Class 3 felony, punishable by 4 to 12 years in prison and fines up to $750,000.
  • Death of the Child: Elevated to a Class 2 felony, punishable by 8 to 24 years in prison and fines up to $1,000,000.
  • Pattern of Neglect or Abandonment: Repeated offenses or history of abuse can increase penalties and affect parental rights.
  • Extraordinary Risk Classification: Child abuse–related crimes are considered “extraordinary risk” in Colorado, which increases the maximum possible sentence.

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Defenses to Child Abandonment Charges in Colorado

Being accused of abandoning a child is frightening, but it does not automatically mean a conviction. Colorado law requires prosecutors to prove each element of the crime beyond a reasonable doubt, and several defenses may be available depending on the circumstances. An experienced attorney can use these defenses to reduce charges, seek dismissal, or negotiate a favorable outcome.

Lack of Intent or Recklessness

One of the strongest defenses is showing that the accused did not knowingly or recklessly place the child in danger.

  • Example: A parent may have believed the child was safe with a trusted caregiver, only to later discover the arrangement failed.
  • Example: A medical emergency or sudden crisis prevented the parent from returning to the child as planned.

Responsible Care Was Arranged

Colorado law distinguishes between true abandonment and making reasonable childcare arrangements. If the child was left with a responsible adult (family member, neighbor, babysitter), this may not meet the legal threshold for abandonment.

No Risk of Harm

The statute requires proof that the child’s life, health, or safety was placed at risk. If the defense can show that the child was not actually endangered, the charges may not stand.

Example: Leaving a 16-year-old briefly at home with food and access to communication is not the same as leaving a toddler unsupervised.

False Allegations or Misunderstandings

Child abandonment charges sometimes arise in the context of custody battles, divorce, or family disputes. A parent may be falsely accused out of anger or to gain an advantage in family court. A defense attorney can expose inconsistencies in the accuser’s statements and demonstrate ulterior motives.

Mistaken Identity

In certain cases, especially where reports come from strangers or in public places, the wrong person may be accused of leaving a child behind. Establishing an alibi or presenting surveillance evidence can undermine the prosecution’s case.

Constitutional Challenges

If police or child protective services obtained evidence improperly, a defense attorney may file motions to suppress unlawfully obtained evidence. Examples include:

  • Entering a home without a warrant
  • Improperly questioning the accused without Miranda warnings
  • Violating due process during child welfare investigations

Emergency Circumstances

Sometimes, actions that look like abandonment were the result of unavoidable emergencies. If a parent left a child briefly due to a sudden medical crisis, accident, or danger, this may serve as a defense to show the absence of criminal intent.

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Role of a Denver Child Abandonment Defense Attorney

An experienced defense attorney plays a vital role in these cases:

  • Investigating the Facts — Reviewing reports, witness testimony, and child welfare records.
  • Challenging Allegations — Highlighting weak evidence, alternative explanations, or inconsistencies.
  • Protecting Parental Rights — Working to avoid loss of custody or severe restrictions on contact with children.
  • Defending Against Severe Penalties — Striving to reduce charges, negotiate alternatives, or seek dismissal when possible.
  • Providing Compassionate Guidance — Supporting clients through emotionally charged proceedings.

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Frequently Asked Questions

What is child abandonment in Colorado?
 Child abandonment occurs when a parent or caregiver knowingly or recklessly deserts a child without providing proper care or supervision, creating a risk of harm.

Is child abandonment always a felony?
 Not always. Minor neglect may be charged as a misdemeanor, but if the child is placed at risk of injury or harm, it escalates to a felony.

Can I lose custody if charged?
 Yes. Child abandonment charges often trigger family court actions that may suspend or terminate parental rights.

What if no harm came to the child?
 Actual harm is not required. The law focuses on whether the child was placed at risk of harm.

Can charges be dismissed?
 Yes. If defenses such as lack of intent, safe arrangements, or false allegations are proven, charges may be reduced or dismissed.

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Resources

Colorado Revised Statutes § 18-6-401 – Child Abandonment – Full statutory language on child abuse and abandonment offenses in Colorado.

Colorado Department of Human Services – Child Welfare – Information about child protection services, reporting procedures, and child welfare resources.

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Hire a Child Abandonment Defense Attorney in Denver, Colorado

If you have been accused of child abandonment, you need strong legal representation. The consequences are too severe to face alone. Call (303) 725-0017 today to schedule a free consultation with the Law Office of Matthew A. Martin, P.C.

We serve clients throughout Denver and surrounding counties, including Jefferson, Douglas, Arapahoe, Broomfield, Adams, and Boulder.