Shepherd v. Shepherd’s Empirical Analysis
1968
Citation profile
60 state decisions
How this case has been cited
Cited by 60 later decisions — most recently September 2013 · most notably Pulliam v. Smith (1998), Blackley v. Blackley (1974)
60 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Interstate Commerce Commission v. Louisville & Nashville Railroad · Eason v. Spence · Cox v. Cox · Stanback v. Stanback · Thomas v. Thomas
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A decree of custody is entitled to such stability as would end the vicious litigation so often accompanying such contests, unless it be found that some change of circumstances has occurred affecting the welfare of the child so as to require modification of the order. To hold otherwise would invite constant litigation by a dissatisfied party so as to keep the involved child constantly torn between parents and in a resulting state of turmoil and insecurity. This in itself would destroy the paramount aim of the court, that is, that the welfare of the child be promoted and subserved.”
7 later decisions quote this exact passage““ . . the welfare of the child at the time the contest comes on for hearing is the controlling consideration. ... It may be well to observe . . . that the law is realistic and takes cognizance of the ever changing conditions of fortune and society. While a decree making a judicial award of the custody of a child determines the present rights of the parties to the contest, it is not permanent in its nature, and may be modified by the court in the future as subsequent events and the welfare of the child may require. . . .’ ””
2 later decisions quote this exact passage““ . . . There is no evidence the fitness or unfitness of either party had changed between the hearings. There is no evidence the needs of the boys had changed during that time, or that they were not properly cared for by the father. “A judgment awarding custody is based upon the conditions found to exist at the time it was entered. The judgment is subject to such change as is necessary to make it conform to changed conditions when they occur.” Stanback v. Stanback, 266 N.C. 72 , 145 S.E. 2d 332 (1965).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.