How long before it considered abandonment?

Answer 1

You have asked a question that requires broad legal research in the laws of each state so an answer can only be provided in general terms. Abandoned real property is an issue often confused by the layperson's understanding of the term "abandoned", the legal definition and the law of real property. Generally, from a legal point of view in the United States, title to real property cannot be lost by abandonment. Generally, when real property is not transferred by deed or by a probate proceeding, court action is required to acquire legal title. In a case where a co-owner demonstrated long term non-use, failure to maintain and repair the property or failure to pay property taxes, the other owner may persuade a court to vest title in the owner who has maintained the property and paid the taxes. A town can take real property from an owner who "abandons" property by failing to pay property taxes. Once the land has been taken title can be perfected by the town by a court proceeding and the land can be sold with clear title. This is generally the fate of real property that has been abandoned by the owner. Under the doctrine of adverse possession, a person could make open and notorious use of "abandoned" property for a statutory period and then acquire title according to state laws that govern adverse possession. In Massachusetts, a claim of adverse possession would need to be perfected by a court proceeding to vest title in the claimant.

Answer 2

That depends on state law (or country, if outside the USA) where the child legally resides. The period of time can vary widely or there may be no period of time indicated, rather it is decided by the court, and other circumstances may apply or be taken into consideration before such a determination is made.