Chapsky v. Wood’s Empirical Analysis

Citation profile

81 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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A child is not in any sense, like a horse or any other chattel, subject-matter for absolute and irrevocable gift or contract. The father cannot, by merely giving away his child, release himself from the obligation to support it, nor be deprived of the right to its custody. In this it differs from the gift of any article which is only property.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Adoption of T.M.M.H. – Per Curiam · Harrison v. Harker

2. ““Above all things, the paramount consideration is, what will promote the welfare of the child?””

   2 later decisions quote this exact passage · from the majority
   e.g. Buchanan v. Buchanan · Beers v. Merrill

3. ““A parent’s right to the custody of a child is not like the right of property, an absolute and uncontrollable right. If it were, it would end this case and relieve us from all future difficulties. A mere right of property may be asserted by any man, no matter how bad, immoral, or unworthy he may be; but no case can be found in which the courts have given to the father who was a drunkard and a man of gross immoralities, the custody of a minor child, especially when that child is a girl. The fact that in such cases the courts have always refused the father the custody of his child, shows that he has not an absolute and uncontrollable right thereto.””

   1 later decision quote this exact passage · from the majority
   e.g. Beers v. Merrill