13 Ill. App. 3d 87 - McDonald v. McDonald’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In awarding the custody of the children, the court exercises a judicial discretion. (Mikrut v. Mikrut, 113 Ill. App. 2d 446 , 251 N.E.2d 84 ; Marcus v. Marcus, 109 Ill. App. 2d 423 , 248 N.E.2d 800 ; Fears v. Fears, 5 Ill. App. 3d 610 , 283 N.E.2d 709 .) There is persuasive reasoning in the language of King v. King, 25 Wis. 2d 550 , 131 N.W.2d 357 , that where custody is awarded upon the stipulation of the parties and the court receives no evidence upon the best interests of the child or children, the court does not, in fact, exercise judicial discretion in awarding custody and that the rule that a custody order is subject to modification only if there is a substantial change of condition affecting the child’s welfare does not apply. See Harms v. Harms, 323 Ill. App. 154 , 55 N.E.2d 301 .” 13 Ill. App. 3d 87, 89 , 299 N.E.2d 787, 789 .”

   1 later decision quote this exact passage · from the majority
   e.g. 65 Ill. App. 3d 965 - Boggs v. Boggs