204 W. Va. 360 - In Re Jeffries’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““For a natural parent to avoid the presumption that he or she has abandoned a child who is over the age of 6 months, W.Va.Code § 48-4-3c(a)(l) [1997] requires the parent to financially support the child, within the means of the parent. Furthermore, W.Va.Code § 48-4-3c(a)(2) [1997] requires the parent to visit or otherwise communicate with the child when the parent: (1) knows where the child resides; (2) is physically and .financially able to do so; and (3) is not prevented by the person or authorized agency having the care or custody of the child. If there is evidence in a subsequent adoption proceeding that the natural parent has both failed to financially support the child and failed to visit or otherwise communicate with the child in the 6 months preceding the filing of the adoption petition, a circuit court shall presume the child has been abandoned.” Syllabus Point 2, In re Jeffries, 204 W.Va. 360 , 512 S.E.2d 873 (1998). 13”

   2 later decisions quote this exact passage
   e.g. Joshua D.R. and Sherie L.R. v. David A.M. · 227 W. Va. 267 - In Re Carey L.B.

2. “(a) Abandonment of a child over the age of six months shall be presumed when the birth parent: (1) Fails to financially support the child within the means of the birth parent; and (2) Fails to visit or otherwise communicate with the child when he or she knows where the child resides, is physically and financially able to do so and is not prevented from doing so by the person or authorized agency having the care or custody of the child: Provided, That such failure to act continues uninterrupted for a period of six months immediately preceding the filing of the adoption petition.”

   2 later decisions quote this exact passage
   e.g. In Re ADOPTION OF C.R · 227 W. Va. 267 - In Re Carey L.B.

3. “[i]n reviewing challenges to the findings and conclusions of the circuit court, we apply a two-prong deferential standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review.”

   1 later decision quote this exact passage
   e.g. In Re ADOPTION OF C.R