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← 190 N.C. App. 61 - Estroff v. Chatterjee

190 N.C. App. 61 - Estroff v. Chatterjee’s Empirical Analysis

2008

Citation profile

31
cited by 31 later decisions
2
states following
February 2019
most recently cited

29 state decisions

Relationships

Relies on Koufman v. Koufman · Reno v. Kim Ho Ma · Price v. Howard · T.B. v. L.R.M. · NextWave Personal Commmunications, Inc. v. Federal Communications Commission

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

  1. “[T]he court's focus must be on whether the legal parent has voluntarily chosen to create a family unit and to cede to the third party a sufficiently significant amount of parental responsibility and decision-making authority to create a permanent parent-like relationship with his or her child. The parent's intentions regarding that relationship are necessarily relevant to that inquiry. By looking at both the legal parent's conduct and his or her intentions, we ensure that the situation is not one in which the third party has assumed a parent-like status on his or her own without that being the goal of the legal parent. .... We agree with the New Jersey Supreme Court that the focus must, however, be on the legal parent's intent during the formation and pendency of the parent-child relationship between the third party and the child. Intentions after the ending of the relationship between the parties are not relevant because the right of the legal parent does not extend to erasing a relationship between her partner and her child which she voluntarily created and actively fostered simply because after the party's separation she regretted having done so.”
    4 later decisions quote this exact passage
  2. “[i]ntentions after the ending of the relationship between the parties are not relevant because the right of the legal parent does not extend to erasing a relationship between her partner and her child which she voluntarily created and actively fostered simply because after the party's separation she regretted having done so.”
    4 later decisions quote this exact passage
  3. “allege facts demonstrating a sufficient relationship with the child and then must demonstrate that the parent has acted in a manner inconsistent with his or her protected status as a parent.”
    3 later decisions 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.