25 So. 3d 470 - Baker v. Baker’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) Except as otherwise provided in Section 30-3B-204, 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), 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 30-3B-207 or 30-3B-208, 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) or (2) 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 30-3B-207 or 30-3B-208; or “(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3).””

   2 later decisions quote this exact passage
   e.g. McGonagle v. McGonagle · Hein v. Fuller

2. ““(a) Except as otherwise provided in Section 30-3B-204, [Ala.Code 1975,] a court of this state which has made a child custody determination consistent with Section 30-3B-201 or Section 30-3B-203E, Ala.Code 1975,] has continuing, exclusive jurisdiction over the determination until: “(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or “(2) A court of this state or a court of another state determines that the child, the child’s parents; and any person acting as a parent do not presently reside in this state. “(b) A court of this state which has made a child custody determination and does not have continuing, exclusive jurisdiction under this section may modify that determination only of it has jurisdiction to make an initial determination under Section 30-3B-201.””

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

3. “This court has a duty to dismiss an appeal that is taken from a void judgment because a void judgment will not support an appeal.”

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