Cloutier v. Lear’s Empirical Analysis
1997
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently August 2023
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Cyr v. Cyr · Sheldon v. Sheldon · Villa v. Smith · Knight v. Knight · Ehrlich v. Bloom
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The question that the court must first consider on a motion to modify a custody arrangement is whether there has occurred since the prior custody order a change in circumstances sufficiently substantial in its effect upon the best interests of-the children as to justify a modification of the custody arrangement,”
2 later decisions quote this exact passagee.g. Jarvis v. Jarvis · Jarvis v. Jarvis“3. Best interest of child. The court, in making an award of parental rights and responsibilities with respect to a child, shall apply the standard of the best interest of the child. In making decisions regarding the child's residence and parent-child contact, the court shall consider as primary the safety and well-being of the child. In applying this standard, the court shall consider the following factors: A. The age of the child; B. The relationship of the child with the child's parents and any other persons who may significantiy affect the child's welfare; C. The preference of the child, if old enough to express a meaningful preference; D. The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity; E. The stability of any proposed living arrangements for the child; F. The motivation of the parties involved and their capacities to give the child love, affection and guidance; G. The child’s adjustment to the child's present home, school and community; H. The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access; I. The capacity of each parent to cooperate or to learn to cooperate in child care; J. Methods of assisting parental cooperation and resolving disputes and each parent’s willingness to use those methods; K. The effect on the child if one parent has sole authority over the child’s upbringing; L. The existence of domestic a”
1 later decision quote this exact passagee.g. Sargent v. Braun“making an award of parental rights and responsibilities with respect to a child.”
1 later decision quote this exact passagee.g. Ames v. Ames
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.