McEntire v. Redfearn’s Empirical Analysis
1976
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently September 2015
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 158 W. Va. 343 - Hammack v. Wise · Wilkerson v. Wilkerson · Judd v. Van Horn · Forbes v. Haney · Dyer v. Howell
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[M]ore than four years before the father instituted the present proceeding, the juvenile court, after a hearing at which the father was present, made an unappealed adjudication that custody should be assumed by the Court to the exclusion of the father. This order was a determination by a court of competent jurisdiction of the custody question on its merits based upon then-existing facts. The order further provided for temporary placement of the children with the grandmother. Consequently, the father here, like the father in Dyer, when he instituted the present proceeding, was not clothed with the parental presumption generally accorded natural parents in a dispute with non-parents, because his parental custody rights were altered by the 1971 order. We hold, therefore, that in this proceeding the welfare of these children is the paramount consideration, and that the burden was upon the father to prove the circumstances had so changed since the 1971 order that it would be in the children’s best interests to transfer custody to him.”
1 later decision quote this exact passage · from the majority“In a custody proceeding during August 1971 the Alexandria juvenile court ordered, after a hearing on the merits at which the father was present, that custody of the two children “be assumed by the Court and [that they be] temporarily placed with [the grandmother].” No appeal was taken by the father from that action in juvenile court.”
1 later decision quote this exact passage · from the majority“we are unable at this time properly to determine the issue of custody from the record before us. Accordingly, we will remand the case to the circuit court with direction to hold forthwith another hearing ... applying the law in a manner consistent with this opinion.”
1 later decision quote this exact passage · from the majoritye.g. Bottoms v. Bottoms
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.