Jones v. Coleman’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he initial judgment under Article 133, placing custody of the child with a non-parent, is a determination of the unfitness of the parent and the fitness of the nonparent to provide an adequate and stable |,^environment. The considered versus nonconsidered decree analysis under Evans and Bergeron does not apply for the consideration of the initial judgment’s effect in any future action for the modification of the nonparent’s custody. In any proceeding thereafter to restore custody of the child to the parent, and to thereby modify or end the nonparent’s custody, the parent shall have the burden of proof and the dual tests of Article 133 shall apply. First, the parent must demonstrate his rehabilitation which eliminates the “substantial harm” threat to the child which existed at the time of the initial judgment. Second, the parent must establish that the adequate and stable environment in which the child was placed with the nonparent as a result of the initial adjudication has materially changed ... rehabilitation of the parent alone shall afford him only an appropriate visitation allowance under La. C.C. art. 136.”

   3 later decisions quote this exact passage
   e.g. Tracie F. v. Francisco D. · 188 So. 3d 376 - George v. Dugas

2. “| (¡The United States Supreme Court has declared it “plain beyond the need for multiple citation” that a biological parent’s right to “the companionship, care, custody, and management” of his children is a liberty interest far more important than any property right. In re Adoption of B.G.S., 556 So.2d 545 (La.1990), citing Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982), and Lassiter v. Department of Social Services of Durham County, N.C., 452 U.S. 18 , 101 S.Ct. 2153 , 68 L.Ed.2d 640 (1981). Even when the natural father has not lived continuously with his child, he enjoys a similar constitutional protection of his paternal interest when he develops and maintains a substantial relationship with his child by accepting responsibility for the child’s future. In re Adoption of B.G.S., supra, citing Lehr v. Robertson, 463 U.S. 248 , 103 S.Ct. 2985 , 77 L.Ed.2d 614 (1983).”

   1 later decision quote this exact passage
   e.g. 82 So. 3d 383 - Gill v. Bennett

3. “If an award of joint custody or of sole custody to either parent would result in substantial harm to the child, the court shall award custody to another person with whom the child has been living in a wholesomej^and stable environment, or otherwise to any other person able to provide an adequate and stable environment.”

   1 later decision quote this exact passage
   e.g. Tracie F. v. Francisco D.