Farmer v. Farmer’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “father’s thesis — that the best interests of this child of an interracial marriage compel the award of custody to him because society will perceive her to be black — must be rejected. As between two natural parents of different races who have opted to have a child, neither gains priority for custody by reason of race alone. Nor can race disqualify a natural parent for custody. The course of the child’s future life will indeed be affected by her mixed heritage but it may be more severely affected by an inappropriate custody disposition. ... Race is not a dominant, controlling or crucial factor. It is to be weighed along with all other material elements of the lives of this family.”

   1 later decision quote this exact passage · from the majority
   e.g. 9 Neb. Ct. App. 740 - Ebirim v. Ebirim

2. “the general rule appears to be that race is simply one factor among many others which should be considered in determining what is in the child's best interest”

   1 later decision quote this exact passage · from the majority
   e.g. 367 Ill. App. 3d 441 - In Re Marriage of Gambla and Woodson