Flowers v. Cain’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Generally, a [name] change will be ordered only if (1) the father has abandoned the natural ties ordinarily existing between parent and child, (2) the father has engaged in misconduct sufficient to embarrass the child in the continued use of the father's name, (3) the child otherwise will suffer substantial detriment by continuing to bear the father's name, or (4) the child is of sufficient age and discretion to make an intelligent choice and he desires that his name be changed. But, `a change of name will not be authorized against the father's objection ... merely to save the mother and child minor inconvenience or embarrassment.' [Citations omitted]."”

   3 later decisions quote this exact passage · from the majority
   e.g. Spero v. Heath · May v. Grandy

2. “Where divorce occurs and the mother is awarded custody, usually it is in a child’s best interest to maintain and encourage rather than weaken, the relationship between father and child. Accordingly, courts elsewhere, in the aftermath of divorce, have been reluctant to change a child’s name over the objection of a devoted father for fear that the change would damage further the already strained father-child relationship. Flowers , 236.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Change of Name of J.R.O.