248 So. 2d 867 - Strother v. Strother’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “". . . Under LSA-C.C. Art. 157, which provides for custody of children after divorce, the paramount consideration is the welfare and best interest of the child. Under this rule, custody of minor children should be awarded to the mother unless she is found to be morally unfit or physically or mentally incapable of taking care of them. See Kieffer v. Heriard, 221 La. 151 , 58 So.2d 836 ; Sampognaro v. Sampognaro, 215 La. 631 , 41 So.2d 456 ; and Salley v. Salley, 238 La. 691 , 116 So.2d 296 (1959). Proof of one act of adultery, or even of several acts with the same paramour, does not necessarily render morally unfit a mother who is otherwise suited for custody, Salley v. Salley, supra, Estopinal v. Estopinal, 223 La. 485 , 66 So.2d 311 ; Messner v. Messner, 240 La. 252 , 122 So.2d 90 . However, where the mother has recently lived in open and public adultery with her paramour for a substantial period of time, in total disregard of the moral principles of our society, the courts have generally held the mother is morally unfit for custody. See Salley v. Salley, supra; Sampognaro v. Sampognaro, supra; Brunt v. Brunt, La.App., 166 So. 2d 71 (3rd Cir. 1964); West v. West, La.App., 170 So.2d 160 (2d Cir. 1964); Tuggle v. Tuggle, La.App, 235 So.2d 166 (2d Cir. 1970); Morris v. Morris, La.App., 152 So.2d 291 (1st Cir. 1963). In custody cases, much discretion is left to the trial judge, but his decision is subject to review by the appellate court and will be upset where clearly erroneous”

   1 later decision quote this exact passage
   e.g. 268 So. 2d 114 - Johnson v. Johnson