Garner v. Garner’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. “[i]n all proceedings relative to the custody of minor children, the guiding star of the determination is the welfare of the children ...”

   2 later decisions quote this exact passage
   e.g. 274 So. 2d 24 - Powell v. Powell · 376 So. 2d 27 - Taylor v. Taylor

2. “The chancellor in an original proceeding, confronted with a divorce decree fixing custody of a child, is clothed with broad discretion and his decision concerning the custody of the child in the original proceeding will not be disturbed unless grossly and manifestly erroneous. But once this decision is made, it becomes a final decree of the court based upon the facts and circumstances existing as of the time of the final decree and is not thereafter to be materially amended or changed unless on altered conditions shown to have arisen since the decree, and then only for the welfare of the child, [cases cited] Once this decree has been entered and the custody is established, the chancellor does not then have the same degree of discretion in changing or modifying the custody as he had at the original final decree. The law favors the reasonableness of the original decree and the party seeking the modification has the burden of proof to show facts warranting modification and that the change is for ■he child’s best interests . . . It is important that this rule should be observed, else there could never be any finality of the judicial determination of the custody of children.”

   1 later decision quote this exact passage
   e.g. Finklea v. Campbell