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← 2015 ARKAPP 533 - Erskin v. Stout

Erskin v. Stout’s Empirical Analysis

2015

Citation profile

8
cited by 8 later decisions
1
states following
June 2022
most recently cited

8 state decisions

Relationships

Applies 42 U.S.C. § 407 (§ 207 of the Social Security Act of 1935)

Relies on Omni Holding & Development Corp. v. 3D.S.A., Inc. · Stehle v. Zimmerebner · Sharum v. Dodson · 2010 Ark. App. 160 - Harris v. Harris · 2011 Ark. App. 454 - Kilman v. Kennard

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

  1. “Arkansas law is well settled that the primary consideration in child-custody cases is the welfare and best interest of the children; all other considerations are secondary. A judicial award of custody will not be modified unless it is shown that there are changed conditions that demonstrate that a modification of the decree will be in the best interest of the child, or when there is a showing of facts affecting the best interest of the child that were either not presented to the circuit court or were not known by the circuit court at the time the original custody order was entered. Generally, courts impose more stringent standards for modifications in custody than they do for initial determinations of custody. The reasons for requiring these more stringent standards for modifications than for initial custody determinations are to promote stability and continuity in the life of the child, and to discourage the repeated litigation of the same issues. The party seeking modification has the burden of showing a material change in circumstances. 8”
    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.