2012 Pa. Super. 200 - V.B. v. J.E.B.’s Empirical Analysis

Citation profile

25 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(а) Factors, — In ordering any form of custody, the court shall determine .the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child,, - including the following: , (1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party. (2) The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the' child or an abused party and which party can better provide adequate physical safeguards and supervision of the child. (3) The parental duties performed by each party on behalf of the child. (4) The need for stability and continuity in the child’s education, family life and community life. (5) The availability of extended family.. (б) The child’s sibling relationships. • (7)The well-reasoned preference of the child, based on the child’s maturity and judgment. (8) The attempts of a parent to turn the child against the other parent, except in cases.of domestic violence where reasonable safety measures are necessary to protect the child from harm. (9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship .with the child adequate for the child’s emotional needs. (10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child. (11) The proximity of the residence”

   7 later decisions quote this exact passage
   e.g. E.R. v. J.N.B. · P.J.P. v. M.M.

2. “In reviewing a custody order, our scope is of the broadest type and our standard is abuse of discretion. We must accept findings of the trial court that are supported by competent evidence of record, as our role does not ■ include making independent factual determinations. In addition, with regard to issues of credibility and weight of the evidence, we must defer to the presiding trial judge who viewed and assessed the witnesses first-hand. However, we are not bound by the trial court’s deductions or inferences from its factual' findings.' Ultimately, the test is whether the trial court’s conclusions are unreasonable as shown by the evidence of record.' We may reject the conclusions of the trial court only if they involve an error of law, or are unreasonable in light of the sustainable findings of the trial court.”

   7 later decisions quote this exact passage
   e.g. E.B. v. D.B. · 2014 Pa. Super. 204 - M.E.V. v. F.P.W.

3. “even before the proceedings start, the evidentiary scale is tipped, and tipped hard, to the biological parents' side.”

   2 later decisions quote this exact passage
   e.g. R.L. v. M.A. · 34 Pa. D. & C.5th 427 - West v. West