Weaver v. Kelling’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There are three essential differences between the standard announced in sections 9 and 10 of § 452.377 and the four-part Michel test. First, unlike the Michel test, section 9 makes no reference lo the custodial parent's welfare. Rather than looking to the "general quality of life for the custodial parent and child,” section 9 requires the court to determine only that the relocation is in the best interests of the child. This, presumably, is to be done in accordance with the factors laid out in § 452.375.2. Second, section 9 drops the requirement that the non-relocating parent show good faith in opposing the move and simply requires the relocating parent to shoulder the burden of establishing good faith in proposing the move. Third, section 10 of § 452.377 expands on the fourth part of the Michel test. Michel required the court to determine whether there was a “realistic opportunity for visitation” that would "provide an adequate basis for preserving and fostering the non-custodial parent's relationship with the child....” Section 10 requires the court not only "to assure that the child has frequent, continuing and meaningful contact” with the noncustodial parent, but also requires the court to allocate the transportation costs and adjust the child support accordingly.”

   1 later decision quote this exact passage
   e.g. Herigon v. Herigon

2. “9. The party seeking to relocate shall have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child. 10. If relocation is permitted: (1) The court shall order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact with the nonrelo-cating party unless the child’s best interest warrants otherwise; and (2) The court shall specify how the transportation costs will be allocated between the parties and adjust the child support, as appropriate, considering the costs of transportation.”

   1 later decision quote this exact passage
   e.g. Weaver v. Kelling