176 W. Va. 18 - Rose v. Rose’s Empirical Analysis
1986
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently November 2017
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 160 W. Va. 514 - Nichols v. Nichols · 167 W. Va. 59 - Garska v. McCoy · 153 W. Va. 404 - State Ex Rel. Kiger v. Hancock · 160 W. Va. 610 - Murredu v. Murredu · Jb v. Ab
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [i]t is well established that in controversies relating to the custody and care of children, the child, if he or she is of the age of discretion, should be consulted and due weight should be given to his or her wishes in the matter of custody and care.... This does not mean that the child’s decision is binding on the trial court or that the parties are forbidden to introduce evidence to rebut the child’s testimony.... an inquiry should be made into the child’s intelligence and maturity to see if the child’s choice was intelligently made. Equally important, however, is the child’s rationale for his decision. In order to be accorded weight, a child’s preference ... ought to be based on good reason.... In making its examination of the child, the trial court should try to explore several aspects of the child’s decision. We offer the following guidelines to the trial court as to areas which may have an effect on the weight placed on the child’s decision: 1. The trial court should give greater weight to the wishes of a child which are expressed with strength, clearness, or with great sincerity. 2. A child’s preference should be given less weight where it appears that the preference is based on a desire for less rigid discipline or restraint. 3. The trial court should investigate whether the statement of preference by the child was induced by the party in whose favor the preference was expressed. If so, said statement of preference should be accorded little, if any, weight. 4. W”
3 later decisions quote this exact passage · from the dissent“... Where there is a child under fourteen years of age, but sufficiently mature that he can intelligently express a voluntary preference for one parent, the trial judge is entitled to give that preference such weight as circumstances warrant, and where such child demonstrates a preference for the parent who is not the primary caretaker, the trial judge is entitled to conclude that the presumption in favor of the primary caretaker is rebutted.”
2 later decisions quote this exact passage“In a divorce proceeding where custody of a child of tender years is sought by both the mother and father, the court must determine in the first instance whether the primary caretaker is a fit parent, and where the primary caretaker achieves the minimum, objective standard of behavior which qualifies him or her as a fit parent, the trial court must award the child to the primary caretaker.”
1 later decision quote this exact passage
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.