Dellinger v. Dellinger’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is the factual situation existing at the time of the material change in visitation that determines whether a change is warranted, not the factual situation at the time of the [order]. However, the automatic change in visitation provision in this case contains no language limiting its application at or near the time of the [order]. In fact, the challenged provision lacks any expiration date at all. As drafted the provision would authorize implementation of the self-executing change of visitation at any time, even though the change could be triggered months or even years in the future. This material change in the [child's] visitation would be accomplished automatically and without any regard to the circumstances existing in the [child's life] at the time of the change. As such, this provision is utterly devoid of the flexibility necessary to adapt to the unique variables that arise in every case, variables that must be assessed in order to determine what serves the best interests and welfare of a child.”

   2 later decisions quote this exact passage
   e.g. Rumley-Miawama v. Miawama · 347 Ga. App. 192 - Jones v. Ahmad.

2. “[S] elf-executing material changes in visitation violate this State’s public policy founded on the best interests of a child unless there is evidence before the court that one or both parties have committed to a given course of action that will be implemented at a given time; the court has heard evidence how that course of action will impact upon the best interests of the child or children involved; and the provision is carefully crafted to address the effects on the offspring of that given course of action. Such provisions should be the exception, not the rule, and should be narrowly drafted to ensure that they will not impact adversely upon any child’s best interests.”

   2 later decisions quote this exact passage
   e.g. Rumley-Miawama v. Miawama · 347 Ga. App. 192 - Jones v. Ahmad.

3. “The provision thus improperly authorized an open-ended, automatic, material change in visitation without providing for a determination whether the visitation change is in the best interests of the parties’ [child] and without connecting the triggering event to those best interests. It follows that the trial court erred by including that self-executing change in visitation provision in the parties’ divorce decree. Therefore, we reverse [the judgment] with the direction that the trial court strike the self-executing provision of the decree.”

   1 later decision quote this exact passage
   e.g. Rumley-Miawama v. Miawama