Lustig v. Lustig’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a)Except as otherwise provided in § 26-5B-204, a court of this state has jurisdiction to make an initial child-custody determination only if: (1)This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) A court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 26-5B-207 or 26-5B-208, and: (A) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships; (3) All courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 26-5B-207 or 26-5B-208; or (4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3). (b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of ”

   1 later decision quote this exact passage · from the dissent
   e.g. Langdeau v. Langdeau

2. “A court may nonetheless decline its jurisdiction “if it finds that it is an inconvenient forum to make a custody determination ... and that a court of another state is a more appropriate forum.” SDCL 26-5A-7. Ultimately, the question comes down to whether “it is in the interest of the child that another state assumes jurisdiction.” Id. In making this decision, a court should consider the following nonexclusive factors: (1) If another state is or recently was the child’s home state; (2) If another state has a closer connection with the child and his family or with the child and one or more of the contestants; (3) If substantial evidence concerning the child’s present or future care, protection, training, and personal relationships is more readily available in another state; (4) If the parties have agreed on another forum which is no less appropriate.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Miley v. Miley

3. “A court of this state which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Langdeau v. Langdeau