In Re James’s Empirical Analysis
2005
Citation profile
14
cited by 14 later decisions
1
states following
June 2018
most recently cited
14 state decisions
Relationships
Relies on Miller v. Miller · 52 Ohio St. 2d 89 - Perales v. Nino · Bechtol v. Bechtol · Masitto v. Masitto · Hockstok v. Hockstok
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.
“whether a trial court, when modifying a prior decree allocating parental rights and responsibilities for the care of children, should consider only whether the modification is necessary to serve the best interest of the child, or whether the trial court has an obligation to adhere to the conjunctive statutory requirements to find both a change in the circumstances of the child, the residential parent, or either of the parents subject to a shared-parenting decree, and that the modification is necessary to serve the best interest of the child.”
2 later decisions quote this exact passage“"An order of disposition issued under division (A)(3) of section 2151.353 , division (A)(3) of section 2151.415 , or section 2151.417 of the Revised Code granting legal custody of a child to a person is intended to be permanent in nature. A court shall not modify or terminate an order granting legal custody of a child unless it finds, based on facts that have arisen since the order was issued or that were unknown to the court at that time, that a change has occurred in the circumstances of the child or the person who was granted legal *Page 9 custody, and that modification or termination of the order is necessary to serve the best interest of the child."”
1 later decision quote this exact passage“"Such flexibility is codified in R.C. 2151.011(B) [ (22) ], which defines the term "legal custody" as "a legal status that vests in the custodian the right to have physical care and control of the child * * * subject to any residual parental rights, privileges, and responsibilities. " (Emphasis added.) This definition of legal custody is statutory codification of the principle that in child custody, permanency of final orders is not always of the highest priority."”
1 later decision quote this exact passagee.g. In re A.M.
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.