224 W. Va. 461 - In Re Ryan B.’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. “(a) Entry of support orders. — Every order in a child abuse and neglect proceeding that alters the custodial and decision-making responsibility for a child and/or commits the child to the custody of the Department of Health and Human Resources must impose a support obligation upon one or both parents for the support, maintenance and education of the child. (b) Use of guidelines. — Any order establishing a child support obligation in an abuse and neglect proceeding must use the Guidelines for Child Support Awards found in W. Va.Code § 48-13-101 et seq. The Guidelines may be disregarded, or the calculation of an award under the Guidelines may be adjusted, only if the court makes specific findings that use of the Guidelines is inappropriate. (c) Modifications. — Any order establishing a child support obligation in a child abuse and neglect proceeding may be modified by the court upon motion of any party. An order granting modification of a support obligation must use the Guidelines for Child Support Awards found in W. Va.Code § 48-13-101 et seq. ...”

   2 later decisions quote this exact passage
   e.g. Hall v. Hall · 234 W. Va. 116 - In The Interest Of J.L., Jr.

2. “case law from this Court as well as courts around the country have held that an obligation of support is owed to a child by both of his parents until such time as the child is placed in the permanent legal custody of another guardian/parent/obligor, such as in adoption. As this Court has frequently emphasized, the best interest of the child is the polar star by which all matters affecting children must be guided. See Syllabus Point 7, In re Brian D ., 194 W. Va. 623 , 461 S.E.2d 129 (1995) ("Cases involving children must be decided not just in the context of competing sets of adults' rights, but also with a regard for the rights of the child(ren)."). This Court has previously stated that child support obligations are not only responsibilities parents owe to their children, they are also rights which belong to children . " Child support is a right which belongs to the child. " Kimble v. Kimble , 176 W. Va. 45 , 49, 341 S.E.2d 420 , 424 (1986), quoting Armour v. Allen , 377 So.2d 798 , 799-800 (Fla. Dist. Ct. App. 1979). Allowing a parent who voluntarily relinquishes his/her parental rights to avoid this right that belongs to the child goes against the overall goal of the child welfare statutory scheme and is in opposition to our well established case law .”

   1 later decision quote this exact passage
   e.g. Hall v. Hall

3. “[t]he issue presently before us is applicable to both voluntary and involuntary relinquishments.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Hall v. Hall