K.U. v. J.C.’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" ' "Where a parent has transferred to another [whether it be a nonparent or the other parent], the custody of his [or her] infant child by fair agreement, which has been acted upon by such other person to the manifest interest and welfare of the child, the parent will not be permitted to reclaim the custody of the child, unless he [or she] can show that a change of the custody will materially promote his [or her] child's welfare." ' " Greene v. Greene , 249 Ala. 155 , 157, 30 So.2d 444 , 445 (1947) (quoting Stringfellow v. Somerville , 95 Va. 701 , 29 S.E. 685 , 687 (1898) ). To meet that burden, the party petitioning for modification must prove to the satisfaction of the trial court (1) that the circumstances upon which the original judgment was based have changed, (2) that he or she is fit to act as a custodian for the child, and (3) that ' "the positive good brought about by the modification ... more than offset[s] the inherently disruptive effect caused by uprooting the child." ' Ex parte McLendon , 455 So.2d 863 , 865 (Ala. 1984) (quoting Wood v. Wood , 333 So.2d 826 , 828 (Ala. Civ. App. 1976) ). On appeal, this court presumes the correctness of a judgment based upon evidence presented ore tenus. Ex parte Bryowsky , 676 So.2d 1322 , 1324 (Ala.1996). " ' "[W]e will not reverse [the judgment] unless the evidence so fails to support the determination that it is plainly and palpably wrong, or unless an abuse of the trial court's discretion is shown. To substitute our judgm”

   1 later decision quote this exact passage
   e.g. D.B. v. K.S.B. (Ex parte K.S.)

2. “"On appeal, this court presumes the correctness of a judgment based upon evidence presented ore tenus. Ex parte Bryowsky , 676 So.2d 1322 , 1324 (Ala. 1996). " ' "[W]e will not reverse [the judgment] unless the evidence so fails to support the determination that it is plainly and palpably wrong, or unless an abuse of the trial court's discretion is shown. To substitute our judgment for that of the trial court would be to reweigh the evidence. This Alabama law does not allow." ' " Ex parte Perkins , 646 So.2d 46 , 47 (Ala. 1994) (quoting Phillips v. Phillips , 622 So.2d 410 , 412 (Ala. Civ. App. 1993) ). However, this court reviews the interpretation and application of the McLendon standard, which involve pure questions of law, de novo . Gallant v. Gallant , 184 So.3d 387 , 401 (Ala. Civ. App. 2014)."”

   1 later decision quote this exact passage
   e.g. 242 So. 3d 1014 - Weaver v. Jefferson

3. “"The McLendon standard is designed 'to minimize disruptive changes of custody because this Court presumes that stability is inherently more beneficial to a child than disruption.' Ex parte Cleghorn , 993 So.2d [462] at 468 [ (Ala. 2008) ]. When implementing the McLendon standard, a trial court should allow a transfer of custody 'only after a sifting inquiry to assure that the stability and other interests of the child ... have been properly considered.' Gallant v. Gallant , 184 So.3d [387] at 399 [ (Ala. Civ. App. 2014) ]."”

   1 later decision quote this exact passage
   e.g. 242 So. 3d 1014 - Weaver v. Jefferson