254 Ga. App. 351 - Burke v. King’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. “Custody disputes between a biological parent and ... third-party relative[s], in this case [the maternal grandparents], are directly controlled by OCGA § 19-7-1(b.1). That statute establishes a rebuttable presumption that it is in the best interest of the child to award custody to the parent of the child. The following three presumptions are implicit in the statute: (1) the parent is a fit person entitled to custody, (2) a fit parent acts in the best interest of his or her child, and (3) the child's best interest is to be in the custody of a parent. The presumption can nonetheless be overcome by the third-party relative showing, by clear and convincing evidence, that parental custody would harm the child. Harm in this context has been defined ... as either physical harm or significant, long-term emotional harm, not merely social or economic disadvantages. Once the presumption has been overcome, the third-party relative must prove that an award of custody to him or her will best promote the child's health, welfare, and happiness.”

   2 later decisions quote this exact passage
   e.g. 302 Ga. App. 631 - In Re JN · 311 Ga. App. 680 - In Re Dw

2. “establishes a rebuttable presumption that parental custody is always in the child's best interest, thus favoring the biological parent over the third party,”

   1 later decision quote this exact passage
   e.g. 302 Ga. App. 631 - In Re JN