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← 2005 SD 42 - Medearis v. Whiting

Medearis v. Whiting’s Empirical Analysis

2005

Citation profile

4
cited by 4 later decisions
1
states following
April 2010
most recently cited

4 state decisions

Relationships

Relies on Troxel v. Granville · State v. Aesoph · State v. Hauge · Currey v. Currey

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

  1. “The circuit court may grant grandparents reasonable rights of visitation with their grandchild, with or without petition by the grandparents, if the visitation is in the best interests of the grandchild and: (1) If the visitation will not significantly interfere with the parent-child relationship; or (2) If the parent or custodian of the grandchild has denied or prevented the grandparent reasonable opportunity to visit the grandchild.”
    2 later decisions quote this exact passage · from the concurrence
  2. “The law’s concept of the family rests on a presumption that parents possess what a child lacks in maturity, experience, and capacity for judgment required for making life’s difficult decisions. More important, historically it has recognized that natural bonds of affection lead parents to act in the best interests of their children. Accordingly, so long as a parent adequately cares for Ms or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.”
    1 later decision quote this exact passage
  3. “does not allow any individual to petition for visitation nor does it deprive the custodial parent of the fundamental right to make decisions concerning the care, custody, and control of the children.”
    1 later decision quote this exact passage
    e.g. In Re Al

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.