150 N.C. App. 250 - Rosero v. Blake’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our Supreme Court held . . . that: “ ‘It is well settled law in this State . . . that the mother of an illegitimate child . . . has the legal right to [the] custody, care and control, if a suitable person, even though others may offer more material advantages in life for the child[.]’ ” The Supreme Court stated that “ ‘[a]s between the putative father and the mother of illegitimate children, it is well established that the mother’s right of custody, is superior. . . ” The Court further held that “[a]s against the right of the mother of an illegitimate child to its custody, the putative father may defend only on the ground that the mother, by reason of character or special circumstances, is unfit or unable to have the care of her child[.]” The common law presumption in favor of the mother of an illegitimate child stems in part from an issue peculiar to the illegitimate child’s situation: uncertainty as to the identity of the father of the child. . .. . . . The General Assembly has specifically established procedures whereby a putative father is given the opportunity to establish his factual or legal identity as a child’s father, and thus shift his status from putative father to that of a natural or legal parent. . . . . . . [A]fter the putative father legitimates his child according to statutory provision, or submits to a judicial determination of paternity, the child’s parents stand on an equal footing as regards to custody. As to whether plaintiff has taken the necessary ste”

   1 later decision quote this exact passage
   e.g. David v. Ferguson

2. “When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein; but the court below may proceed upon any other matter included in the action and not affected by the judgment appealed from.”

   1 later decision quote this exact passage
   e.g. 179 N.C. App. 132 - McKyer v. McKyer

3. “Notwithstanding the provisions of G.S. 1-294, an order pertaining to child custody which has been appealed to the appellate division is enforceable in the trial court by proceedings for civil contempt during the pendency of the appeal.”

   1 later decision quote this exact passage
   e.g. 261 N.C. App. 387 - Quevedo-Woolf v. Overholser