2012 Ark. App. 403 - Bowen v. Bowen’s Empirical Analysis
2012
Citation profile
28
cited by 28 later decisions
3
states following
March 2022
most recently cited
28 state decisions
Relationships
Relies on Troxel v. Granville · Linder v. Linder · Moriarty v. Bradt · Hudson v. Kyle · Oldham v. Morgan
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c)(1) There is a rebuttable presumption that a custodian’s decision denying or limiting visitation to the petitioner is in the best interest of the child. (2) To rebut the presumption, the petitioner must prove by a preponderance of the evidence the following: (A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and ' (B) Visitation with the petitioner is in the best interest of the child. (e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner must ¡prove by a preponderance of the evidence the following: (1) The petitioner has the capacity to give the child love, affection, and guidance; (2) The loss of the relationship between the petitioner and the child is likely to harm the child; and (3) The petitioner is willing to cooperate with the custodian if visitation with the child is allowed.”
3 later decisions quote this exact passage“In this case, the trial court substituted a benefit analysis for our required statutory presumption in favor of the parent's decision. In so doing, the trial court basically required [the father] to prove that visitation would be harmful, losing sight of the fact that it is the parent who has a right to uninterrupted custody.”
1 later decision quote this exact passage“in order to overcome the presumption that a fit parent is necessarily acting in his children's best interest, our statute requires both a showing of a substantial grandparent-grandchild relationship, and a showing that a denial of that relationship 'is likely to harm the child.'”
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.