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← 229 WVA 733 - In re K.R.

In re K.R.’s Empirical Analysis

2012

Citation profile

8
cited by 8 later decisions
4
states following
December 2015
most recently cited

8 state decisions

Relationships

Relies on 198 W. Va. 79 - In Re Katie S. · Rosen v. Celebrezze · 194 W. Va. 446 - In Re Christina L. · Ogawa v. Ogawa · 185 W. Va. 648 - James M. v. Maynard

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. “(a) Except as otherwise provided in section 20-204 [temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding, and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) A court of another state does not have jurisdiction under subdivision (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 20-207 [inconvenient forum] or 20-208 [jurisdiction declined by reason of conduct], and: (A) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with. this state other than mere physical presence; and (B) Substantial evidence is available in this state concerning the child’s care, protection, training and personal relationships; (3) All courts having jurisdiction under subdivision (1) and (2) of this subdivision have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 20-207 or 20-208; or (4) No court of any other state would have jurisdiction under the criteria sp”
    1 later decision quote this exact passage
  2. ““Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consec-utivé months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.”
    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.