Also known as: acts of abandonment · abandonment
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An overt act after which withdrawal supplies no defense to attempt under traditional common law. The act must demonstrate that preparation has ended and perpetration has begun with the required intent.
An overt act after which withdrawal supplies no defense to attempt under traditional common law. The act must demonstrate that preparation has ended and perpetration has begun with the required intent.
Select any source to read its text and confirm it supports the definition.
Conduct by a parent that demonstrates failure to support or develop a relationship with a child. The conduct permits waiver of consent to adoption after notice and hearing when it shows the parent never attempted to establish legal or personal ties.
Select any source to read its text and confirm it supports the definition.
Conduct by an owner or tenant that relinquishes a nonconforming use or leased premises. The conduct may terminate vested rights or the lease when it manifests intent to abandon and is followed by acceptance or statutory discontinuance.
Select any source to read its text and confirm it supports the definition.
Conduct by a parent that demonstrates failure to support or develop a relationship with a child. The conduct permits waiver of consent to adoption after notice and hearing when it shows the parent never attempted to establish legal or personal ties.
Conduct by an owner or tenant that relinquishes a nonconforming use or leased premises. The conduct may terminate vested rights or the lease when it manifests intent to abandon and is followed by acceptance or statutory discontinuance.
Each sense below has its own examples, sources, and questions.
Lynne mixed pesticide into grain and carried the bucket toward the cattle pen with intent to poison the animals. She dumped the grain only after reaching the pen's edge. The carrying step completed an overt act of attempt. Later abandonment supplied no defense under the common law rule.
Lynne adjusted an automated feeder timer to release the mixture after she left the site. She then carried the bucket toward the pen but dumped its contents before connecting the lines. The timer adjustment and carrying together constituted the substantial step. The Model Penal Code affirmative defense of voluntary renunciation was unavailable because the effort had already reached that point.
Under the traditional common law rule, abandonment supplies no defense once the defendant has crossed the line from preparation to an overt act committed with the required intent. The Model Penal Code creates an affirmative defense only when the renunciation is both complete and voluntary and occurs before the conduct reaches that point.
Supporting sources
Cole drove Logan to prenatal visits but never registered with the putative father registry or paid support. After birth he learned of the adoption only through coworkers. His failure to take formal steps or provide financial assistance constituted abandonment. The court could therefore waive his consent after notice and hearing.
Cole never lived with the child, visited regularly, or admitted paternity formally. He provided no support and showed no willingness to assume custody. These omissions demonstrated that he never attempted to establish a legal or personal relationship. His consent was therefore unnecessary for the adoption to proceed.
Failure to register with the putative father registry, provide financial support, visit regularly, or otherwise manifest parental responsibility shows that the father never attempted to establish a legal or personal relationship. Once that conduct is established, consent may be waived after notice and hearing when it is in the child's best interest.
Supporting sources
An owner operated a nonconforming manufacturing plant that became unlawful under new zoning. After several years the owner removed all equipment and ceased operations for the statutory period. The discontinuance constituted abandonment of the vested right. The municipality could then enforce the new restrictions without compensation.
Horizon stopped paying rent and removed all staff and equipment from the storefront before the lease term ended. Colin accepted the keys and treated the departure as surrender. The tenant's departure supplied the offer of surrender inherent in abandonment. The lease terminated and Horizon remained liable only for rent accrued before acceptance.
Vacating the premises and removing all personal property while rent remains unpaid supplies the offer of surrender that is inherent in abandonment. The landlord may accept that offer and terminate the lease, leaving the tenant liable only for accrued rent and damage caused by the abandonment.
Supporting sources
Yes. Discontinuance of the use for the statutory period or other conduct manifesting intent to abandon extinguishes the vested right to continue the nonconforming use. The municipality may then enforce current zoning without compensating the owner for the loss of the prior use.
Supporting sources
…directly through laws that prohibit or compel specific religious practices, or indirectly through laws that, in effect, make abandonment of one’s own religion or conformity to the religious beliefs of others the price of an equal place in the civil community. As we explained in Thomas : “Where the state conditions receipt…