Schiele v. Sager’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) In contested custody proceedings, and in other custody proceedings if a parent of the child’s custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by the county welfare department. “(2) In preparing his report concerning a child, the investigator may consult any person who may have information about the child and his potential custodial arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past withot obtaining the consent of the parent or the child’s custodian; but the child’s consent must be obtained if he has reached the age of sixteen (16) unless the court finds that he lacks mental capacity to consent. If the requirements of subsection (3) are fulfilled, the investigator’s report may be received in evidence at the hearing.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Marriage of Kramer

2. “"The court shall not modify a prior custody decree unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of entry of the prior decree, that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interest of the child. In applying these standards the court shall retain the custodian appointed pursuant to the prior decree unless: "... "(c) the child's present environment endangers seriously his physical, mental, moral, or emotional health and the harm likely to be caused by a change of environment is outweighed by its advantages to him."”

   1 later decision quote this exact passage · from the majority
   e.g. R.L.S. v. Barkhoff

3. ““[o]nce such discretion is exercised the statute ‘mandates that a record of the interview be made and that such record be part of the case record. ’ ... Further, we have held that a District Court must make a specific finding stating the wishes of the children as to their custodian ... Without the record of the interview and without specific findings as to the wishes of the children, counsel and this Court do not know with any degree of certainty the basis for the District Court’s conclusions on custody matters.” (Emphasis added; citations omitted.)”

   1 later decision quote this exact passage · from the majority
   e.g. In Re the Marriage of Arbuckle