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64 Missouri opinions name it 2 courts 1974–2021 1 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Watson v. Watsongreen2 sentences2019Abandonment has been defined as either “a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duties of a parent; or . . . an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love, and his protection, maintenance, and the opportunity for the display of filial affection.” In re Watson’s Adoption, [] 195 S.W.2d 331, 336 (1946); In re E.F.B.D., 245 S.W.3d 316 , 324 (Mo.App.2008). 2012Abandonment has been defined as either “a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duties of a parent; or ... an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love, and his protection, maintenance, and the opportunity for the display of filial affection.” In re Watson’s Adoption, 238 Mo.App. 1104 , 195 S.W.2d 331, 336 (1946); In re E.F.B.D., 245 S.W.3d 316 , 324 (Mo.App.2008). | 21 | 21 |
In Re EFBDgreen2 sentences2019Abandonment has been defined as either “a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duties of a parent; or . . . an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love, and his protection, maintenance, and the opportunity for the display of filial affection.” In re Watson’s Adoption, [] 195 S.W.2d 331, 336 (1946); In re E.F.B.D., 245 S.W.3d 316 , 324 (Mo.App.2008). 2016Abandonment is: “a voluntary and intentional relinquishment of the custody of the child to another; with the intent to never again claim the rights of a parent or perform the duties of a parent; or ... an intentional withholding from the child, -without just cause or excuse, by the parent, of [her] presence, [her] care, [her] love, and [her] protection, maintenance, and the opportunity for the display of filial affection.” In re Z.L.R., 806 S.W.3d 632 , 635 (Mo.App.S.D.2010) (quoting In re E.F.B.D., 245 S.W.3d 316, 324 (Mo.App.S.D.2008)). | 8 | 8 |
In Re ECNgreen2 sentences2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). 1979N., 517 S.W.2d 709, 715 (Mo.App.1974), as follows: “. . . [Fjirst, a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duty of a parent; or, second, an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love and his protection, maintenance, and the opportunity for the display of filial affection . | 8 | 8 |
In Re Adoption of Baby Boy Wgreen2 sentences1995Abandonment has been defined as the “voluntary and intentional relinquishment of custody of the child with the intent to never again claim the rights and duties of a parent,” Id. at 543 , or, as the intentional withholding by the parent of his or her care, love, protection and presence, without just cause or excuse. 1995“Abandonment is a ‘willful, positive act such as deserting the child; a willful delivery of the child with intention that the severance be permanent; a voluntary and intentional relinquishment of custody of the child to another with the intent to never again claim the rights or duties of a parent.’ ” Deardorff v. Bohannon, 761 S.W.2d 651, 654 (Mo.App. 1988) (citing In re Adoption of Baby Boy W, 701 S.W.2d 534, 543 (Mo.App.1985)). | 6 | 8 |
In Re Adoption of CMBRgreen2 sentences2017Abandonment means “a voluntary and intentional relinquishment of the custody of the child to another with the intent to never again claim the rights of parent or perform the duties of a parent.” C.M.B.R., 332 S.W.3d at 816 (internal quotations omitted). 2017Abandonment means “a voluntary and intentional relinquishment of the custody of the child to another with the intent to never again claim the rights of parent or perform the duties of a parent.” C.M.B.R., 332 S.W.3d at 816 (internal quotations omitted). | 4 | 5 |
In Re the Adoption of Jgreen2 sentences1982There must be a settled purpose to forego all parental duties and relinquish all parental claims.. . . ” In re Adoption of J., 396 S.W.2d 257, 261 (Mo.App.1965). 1976There must be a settled purpose to forego all parental duties and relinquish all parental claims. . . . ” In re Adoption of J., 396 S.W.2d 257, 261 (Mo.App.1965). | 4 | 4 |
In re Trapp Childrengreen2 sentences1987In Re Trapp, 528 S.W.2d 489, 495 (Mo.App.1975). 1985In re Trapp, 528 S.W.2d 489, 495 (Mo.App. 1975). | 3 | 3 |
I.D. v. B.C.D.green2 sentences2011“Willful abandonment” has been defined as “the voluntary and intentional relinquishment of custody of the child with the intent to never again claim the rights or duties of a parent, or, the intentional withholding by the parent of his or her care, love, protection and presence, without just cause or excuse.” I.D. v. B.C.D., 12 S.W.3d 375, 378 (Mo.App.2000). 2011"Willful abandonment" has been defined as "the voluntary and intentional relinquishment of custody of the child with the intent to never again claim the rights or duties of a parent, or, the intentional withholding by the parent of his or her care, love, protection and presence, without just cause or excuse." I.D. v. B.C.D., 12 S.W.3d 375, 378 (Mo.App.2000). | 2 | 6 |
In Re ZLRgreen2 sentences2019“This largely presents an issue of intent, which is inferred from the parent’s conduct.” E.F.B.D., 245 S.W.3d at 324; In re Z.L.R., 306 S.W.3d 632 , 635 (Mo.App.2010); see In re P.L.O., 131 S.W.3d 782, 789 (Mo. banc 2004). 2012“This largely presents an issue of intent, which is inferred from the parent’s conduct.” E.F.B.D., 245 S.W.3d at 324; In re Z.L.R., 306 S.W.3d 632 , 635 (Mo.App.2010); see In re P.L.O., 131 S.W.3d 782, 789 (Mo. banc 2004). | 2 | 4 |
Cbl v. Kelgreen2 sentences2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). 2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). | 2 | 3 |
In Re PLOgreen2 sentences2019“This largely presents an issue of intent, which is inferred from the parent’s conduct.” E.F.B.D., 245 S.W.3d at 324; In re Z.L.R., 306 S.W.3d 632 , 635 (Mo.App.2010); see In re P.L.O., 131 S.W.3d 782, 789 (Mo. banc 2004). 2012“This largely presents an issue of intent, which is inferred from the parent’s conduct.” E.F.B.D., 245 S.W.3d at 324; In re Z.L.R., 306 S.W.3d 632 , 635 (Mo.App.2010); see In re P.L.O., 131 S.W.3d 782, 789 (Mo. banc 2004). | 2 | 2 |
In Re PGMgreen2 sentences2008Abandonment has been defined as either “a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duties of a parent; or ... an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love, and his protection, maintenance, and the opportunity for the display of filial affection.” In re Watson’s Adoption, 238 Mo. App. 1104 , 195 S.W.2d 331, 336 (1946); see In re P.G.M., 149 S.W.3d 507, 514 (Mo.App.2004). 2008Abandonment has been defined as either "a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duties of a parent; or . . . an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love, and his protection, maintenance, and the opportunity for the display of filial affection." In re Watson's Adoption, 238 Mo. App. 1104 , 195 S.W.2d 331, 336 (1946); see In re P.G.M., 149 S.W.3d 507 , 514 (Mo. App.2004). | 2 | 2 |
In Re CJGgreen2 sentences2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). 2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). | 2 | 2 |
In Interest of WFJgreen2 sentences2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). 2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). | 2 | 2 |
In Re RKgreen2 sentences2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). 2004See In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002); In re R.K., 982 S.W.2d 803, 806 (Mo.App.1998); C.B.L. v. K.E.L., 937 S.W.2d 734, 737 (Mo.App.1996); In the Interest of W.F.J., 648 S.W.2d 210, 215 (Mo.App.1983); In re E.C.N., 517 S.W.2d 709, 715 (Mo.App.1974). | 2 | 2 |
Sch v. Cwhgreen2 sentences1992S.C.H. v. C.W.H., 587 S.W.2d 945, 947 (Mo. App.1979). 1992S.C.H. v. C.W.H., 587 S.W.2d 945, 947 (Mo.App.1979). | 2 | 2 |
In Re Adoption of HMCgreen2 sentences2015Abandonment can be defined as “ ‘a willful delivery of the child with intention that the severance be permanent [or] a voluntary and intentional relinquishment of the custody of the child to another with the intent to never again claim the rights of parent or perform the duties of a parent.’ ” In re Adoption of C.M.B.R., 832 S.W.3d at 816, quoting In re Adoption of H.M.C., 11 S.W.3d 81, 87 (Mo.App.W.D.2000). 2011Abandonment is defined as "a willful delivery of the child with intention that the severance be permanent [or] a voluntary and intentional relinquishment of the custody of the child to another with the intent to never again claim the rights of parent or perform the duties of a parent." In re Adoption of H.M.C., 11 S.W.3d 81 , 87 (Mo.App.2000). | 1 | 9 |
Gsm v. Thbgreen2 sentences2000G.S.M. v. T.H.B., 786 S.W.2d 898, 900 (Mo.App.1990). 1996Id. at [2], Abandonment is defined as the voluntary and intentional relinquishment of custody of the child with the intent to never again claim the rights or duties of a parent, or, the intentional withholding by the parent of his or her care, love, protection and presence, without just cause or excuse. | 1 | 4 |
In Re KLCgreen2 sentences2019W.D. 2013) (quoting In re K.L.C., 9 S.W.3d 768, 772-73 (Mo.App. 2013“Abandonment is defined as the voluntary and intentional relinquishment of the custody of a child with the intent to never again claim the rights or duties of a parent.” Id. at 772-73 . | 1 | 2 |
In regreen1 sentence2021In the 7 Matter of A.R.V. and D.M.V., 561 S.W.3d 817, 826 (Mo. App. E.D. 2018). | 1 | 1 |
M.W. v. D.J.green1 sentence2019Abandonment, however, “‘is defined as the voluntary and intentional relinquishment of the custody of a child with the intent to never again claim the rights or duties of a parent.’” In re J.M.J., 404 S.W.3d 423, 432 (Mo.App. | 1 | 1 |
S.S.S. v. C.V.S.green2 sentences2019“Abandonment means a voluntary and intentional relinquishment of the custody of the child to another with the intent to never again claim the rights of parent or perform the duties of a parent.” S.S.S., 529 S.W.3d at 816 (internal quotations omitted). 2019“Abandonment is largely a matter of intent.” Id. | 1 | 1 |
In Re JBDgreen1 sentence2015The question is largely the intent of the parents, and can be proven by showing the parents, without just cause or excuse, “intentionally withheld [their] presence, care, love, protection, maintenance and the opportunity for display of filial affection from the child.” [Id.] Generally, it is difficult to find abandonment when custody has ended involuntarily. [Id.] However, the court may still find abandonment when “a parent’s lack of involvement goes beyond what is attributable to the estrangement and discouragement caused by the enforced separation.” [Id.] “Only the parent’s conduct prior to | 1 | 1 |
Deardorff v. Bohannongreen1 sentence1995“Abandonment is a ‘willful, positive act such as deserting the child; a willful delivery of the child with intention that the severance be permanent; a voluntary and intentional relinquishment of custody of the child to another with the intent to never again claim the rights or duties of a parent.’ ” Deardorff v. Bohannon, 761 S.W.2d 651, 654 (Mo.App. 1988) (citing In re Adoption of Baby Boy W, 701 S.W.2d 534, 543 (Mo.App.1985)). | 1 | 1 |
D. L. B. v. J. A. (B.) H.green1 sentence1988“There must be a settled purpose to forego all parental duties and relinquish all parental claims throughout the statutory period.” Matter of K.M.B., 544 S.W.2d 590, 592 [4-7] (Mo.App.1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hws v. Ct
green
2 sentences2014H.W.S., 827 S.W.2d at 239-40 . 2014H.W.S., 827 S.W.2d at 239–40. | 2 | 2014–2014 |
In Re Marriage of ASA
green
2 sentences2003"Neglect" centers on physical deprivation or harm and has been defined as a "`failure to perform the duty with which the parent is charged by the law and by conscience.'" In re Marriage of A.S.A., 931 S.W.2d 218 , 222 (Mo.App.1996) (quoting In re C., 380 S.W.2d 510 , 515 (Mo.App. 1964)). 2003“Neglect” centers on physical deprivation or harm and has been defined as a “ ‘failure to perform the duty with which the parent is charged by the law and by conscience.’ ” In re Marriage of A.S.A., 931 S.W.2d 218 , 222 (Mo.App.1996) (quoting In re C., 380 S.W.2d 510 , 515 (Mo.App.1964)). | 2 | 2003–2003 |
In Re C., C., & C.
green
2 sentences2003"Neglect" centers on physical deprivation or harm and has been defined as a "`failure to perform the duty with which the parent is charged by the law and by conscience.'" In re Marriage of A.S.A., 931 S.W.2d 218 , 222 (Mo.App.1996) (quoting In re C., 380 S.W.2d 510 , 515 (Mo.App. 1964)). 2003“Neglect” centers on physical deprivation or harm and has been defined as a “ ‘failure to perform the duty with which the parent is charged by the law and by conscience.’ ” In re Marriage of A.S.A., 931 S.W.2d 218 , 222 (Mo.App.1996) (quoting In re C., 380 S.W.2d 510 , 515 (Mo.App.1964)). | 2 | 2003–2003 |
In Re JMS
green
1 sentence2020“Abandonment has also been defined as a willful, positive act such as deserting the child; a willful delivery of the child with intention that the severance be permanent; a voluntary and intentional relinquishment of the custody of the child to another with the intent to never again claim the rights of a parent or perform the duties of a parent.” Id. (internal quotation marks omitted). | 1 | 2020–2020 |
In re T.S.D.
green
1 sentence2018Id. | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.