153 N.C. App. 428 - In Re Stratton’s Empirical Analysis
2002
Citation profile
5
cited by 5 later decisions
3
states following
June 2019
most recently cited
5 state decisions
Relationships
Relies on Prince v. Commonwealth of Massachusetts · Price v. Howard · Petersen v. Rogers · In Re Huber · 30 N.C. App. 235 - Matter of McMillan
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A natural parent’s constitutionally protected paramount interest in the companionship, custody, care, and control of his or her child is a counterpart of the parental responsibilities the parent has assumed and is based on a presumption that he or she will act in the best interest of the child. Therefore, the parent may no longer enjoy a paramount status if his or her conduct is inconsistent with this presumption or if he or she fails to shoulder the responsibilities that are attendant to rearing a child____ Unfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy....” Price v. Howard, 346 N.C. 68, 79 , 484 S.E.2d 528, 534-35 (1997) (citations omitted). Once unfitness, neglect or other action inconsistent with the parent’s constitutionally protected interest has been found, a court should revert to a basic determination of what action is in the best interests of the child. Id. Here, the trial court found that immunization was in the best interest of the Stratton children.”
1 later decision quote this exact passagee.g. DIANA H. v. Rubin“[t]he natural and legal right of parents to the custody, companionship, control and bringing up of their children is not absolute. It may be interfered with or denied for substantial and sufficient reason, and it is subject to judicial control when the interest and welfare of the children require it.”
1 later decision quote this exact passagee.g. Turnmire v. And“absent a finding that parents (i) are unfit or (ii) have neglected the welfare of their children, the constitutionally-protected paramount right of parents to custody, care, and control of their children must prevail.”
1 later decision quote this exact passagee.g. Turnmire v. And
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.