Shaw v. Shaw’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We hold that physical presence of the children in this state is a proper basis for the exercise of jurisdiction by the Miller Chancery Court to determine whether there should be a change in custody of the children involved. The fact that the decree of that court might not be accorded extraterritorial effect should not limit the power of the courts of this State to act for the best welfare of the children physically present within their territorial jurisdiction and to treat them as its wards, at least when their presence is not purely transient. See Keneipp v. Phillips, 210 Ark. 265 , 196 S.W.2d 220 ; Pope v. Pope, 239 Ark. 352 , 389 SW.2d 425 ; Tucker v. Turner, 195 Ark. 632 , 113 S.W.2d 508 . The General Assembly has clearly made a policy determination which supports this view. A guardian who would have custody of a minor may be appointed by the probate court of a county in which he resides, even though he may be domiciled elsewhere. Ark. Stat. Ann. §§ 57-601, 606, 620,625 (Supp. 1969). This statutory determination can only be based on the premise that this state has such an interest in the welfare of a minor living within its borders that its courts should take such action as may be necessary to provide for its best welfare.”

   1 later decision quote this exact passage
   e.g. 6 Ark. App. 10 - Monroe v. Dallas

2. ““A state has power to exercise judicial jurisdiction to determine custody, or to appoint a guardian, of the person of a child or adult (a) who is domiciled in the state, or (b) who is present in the state, or (c) who is neither domiciled nor present in the state, if the controversy is between two or more persons who are personally subject to the jurisdiction of the state.””

   1 later decision quote this exact passage
   e.g. Mallory v. Edmondson

3. “The state where the child is physically present has the most immediate concern with him; its courts also have direct access to the child and may be most qualified to decide what would best redound to his welfare.”

   1 later decision quote this exact passage
   e.g. 6 Ark. App. 10 - Monroe v. Dallas