165 W. Va. 636 - Leach v. Bright’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A parent has the natural right to the custody of his or her infant child and, unless the parent is an unfit person because of misconduct, neglect, immorality, abandonment, or other dereliction of duty, or has waived such right, or by agreement or otherwise has permanently transferred, relinquished or surrendered such custody, the right of the parent to the custody of his or her child will be recognized and enforced by the courts." Syl. Pt. 1, Leach v. Bright, W.Va., 270 S.E.2d 793 (1980); Syl. Pt. 2, Hammack v. Wise, W.Va., 211 S.E.2d 118 (1975); Syllabus, State ex rel. Kiger v. Hancock, 153 W.Va. 404 , 168 S.E.2d 798 (1969); Syllabus, Whiteman v. Robinson, 145 W.Va. 685 , 116 S.E.2d 691 (1960).”

   10 later decisions quote this exact passage · from the majority
   e.g. 190 W. Va. 64 - Snyder v. Scheerer · 177 W. Va. 710 - Nancy Viola R. v. RANDOLPH W.

2. “"The exercise of discretion by a trial court in awarding custody of a minor child will not be disturbed on appeal unless that discretion has been abused; however, where the trial court's ruling does not reflect a discretionary decision but is based upon an erroneous application of the law and is clearly wrong, the ruling will be reversed on appeal." Syl. Pt. 2, Leach v. Bright, W.Va., 270 S.E.2d 793 (1980); Syl. Pt. 2, Funkhouser v. Funkhouser, W.Va., 216 S.E.2d 570 (1975).”

   2 later decisions quote this exact passage · from the majority
   e.g. 181 W. Va. 158 - MILLS ON BEHALF OF GORRICK v. Gorrick · 171 W. Va. 126 - Collins v. Collins

3. “a fit parent’s right to custody of a minor child is ‘paramount to that of any third party, including a grandparent[;]’ where nominal custody granted to one parent will have the effect of giving custody to that parent’s own parents (the child’s grandparents), the child’s other fit parent is entitled to custody. An award of custody to the Father would have the effect of giving custody to the Father’s parents, particularly his mother, who has performed the bulk of primary caretaker duties while Justin has been nominally in the Father’s custody-”

   1 later decision quote this exact passage · from the majority
   e.g. 192 W. Va. 678 - Michael Scott M. v. VICTORIA LM