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← 144 SW3D 292 - Vibbert v. Vibbert

Vibbert v. Vibbert’s Empirical Analysis

2004

Citation profile

16
cited by 16 later decisions
6
states following
May 2019
most recently cited

16 state decisions

Relationships

Relies on Santosky v. Kramer · Troxel v. Granville · Samsung Electronics Co. v. Apple Inc.

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

  1. “[T]hat the appropriate test under KRS 405.021 is that the courts must consider a broad array of factors in determining whether the visitation is in the child’s best interest, including but not limited to: the nature and stability of the relationship between the child and the grandparent seeking visitation; the amount of time spent together; the potential detriments and benefits to the child from granting visitation; the effect granting visitation would have on the child’s relationship with the parents; the physical and emotional health of all the adults involved, parents and grandparents alike; the stability of the child’s living and schooling arrangements; the wishes and preferences of the child. The grandparent seeking visitation must prove, by clear and convincing evidence, that the requested visitation is in the best interest of the child.”
    6 later decisions quote this exact passage · from the majority
  2. “The Circuit Court may grant noncustodial parental visitation rights to the grandparent of a child if the parent of the child who is the son or daughter of the grandparent is deceased and the grandparent has assumed the financial obligation of child support owed by the deceased parent, unless the court determines that the visitation is not in the best interest of the child. If visitation is not granted, the grandparent shall not be responsible for child support.”
    1 later decision quote this exact passage · from the majority
  3. “cases involv[ing] the fundamental right of parents to raise their children as they see fit without undue interference from the state, [require] the use of this heightened standard of proof.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.