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← 1997 ND 28 - Goter v. Goter

Goter v. Goter’s Empirical Analysis

1997

Citation profile

17
cited by 17 later decisions
2
states following
May 2025
most recently cited

17 state decisions

How this case has been cited

Cited by 17 later decisions — most recently May 2025

17 state decisions

801997200020102020decided

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 Hust v. Hust · Surerus v. Matuska · Gross v. Sta-Rite Industries, Inc. · Patzer v. Glaser · Catlin v. Catlin

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

  1. “"Although we have recognized that it is not in the best interests of a child to unnecessarily change custody or to bandy the child back and forth between parents, . . . we have also concluded that split or alternating custody is not per se erroneous. . . . In North Dakota parents have equal rights to the custody and control of their minor children, and as between a mother and father there is no presumption as to who will better promote the best interests and welfare of the child. . . . When the evidence supports a trial court's finding that a split or alternating custody award is in the best interests of the child, that finding will not be found clearly erroneous on appeal."”
    3 later decisions quote this exact passage · from the majority
  2. “"22. "[Monge] currently lives with Steve Anderson and is going to be married some time in the future. Consequently, Ashley would have significant interaction and interrelationship with Steve Anderson if she were to gain custody. Mr. Anderson pled guilty to possession of drug paraphernalia and possession of a controlled substance and he is on probation until June 28, 1996. Also, Lori Greshik and Toni Roaldson testified about his use of drugs. In light of the fact that [Monge] wants to remove Ashley from a stable environment and place her in a home where someone resides who has been convicted of drug related activity, factor K favors [Goters]. * * * * * "24. "Another relevant factor is the primary caretaker factor. Although [Goters] have cared for Ashley for the past year, this factor does not necessarily favor [Goters] in light of the fact that Sheri was the primary caretaker of the child until she was slightly more than two years old. "25. "The best interest factors weigh in favor of [Goters]."”
    1 later decision quote this exact passage
  3. “"3. "Parents have a right to the custody and companionship of their children superior to that of any other person. When there is a custody dispute between a natural parent and a third party, the test is whether or not there are 'exceptional circumstances' which require that in the best interests of the child, the child be placed in the custody of the third party rather than the biological parent. * * * * * "5. "A psychological parent relationship exists between [Goters] and Ashley Goter. "6. "It is in the best interests of Ashley Goter to be in the joint legal custody of [Goters] and [Monge], with [Goters] having primary physical custody of the child nine months out of the year and [Monge] having primary physical custody three months out of the year."”
    1 later decision 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.