Kesterson v. Varner’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the issue before the court is a modification of the court’s prior decree pertaining to custody or a residential parenting arrangement, the petitioner must prove by a preponderance of the evidence a material change in circumstance. A material change of circumstance does not require a showing of a substantial risk of harm to the child. A material change of circumstance may include, but is not limited to, failures to adhere to the parenting plan or circumstances which make the parenting plan no longer in the best interest of the child. (i) In each contested case, the court shall make such a finding as to the reason and the facts that constitute the basis for the custody determination. (ii) Nothing contained within the provisions of this subdivision shall interfere with the requirement that parties to an action for legal separation, annulment, absolute divorce or separate maintenance incorporate a parenting plan into the final decree or decree modifying an existing custody order. (iii) Nothing in this subsection shall imply a mandatory modification to the child support order.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Andrew K. Armbrister v. Melissa H. Armbrister

2. “1) the change occurred after the entry of the order sought to be modified, 2) the changed circumstances were not reasonably anticipated when the underlying decree was entered, and 3) the change is one that affects the child’s well-being in a meaningful way.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Curtis v. Hill