Boddie v. Daniels’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “as found in OCGA § 29-2-8 (b) must be interpreted to mean that the third party must prove by clear and convincing evidence that the child will suffer physical or emotional harm if custody were awarded to the biological parent by terminating the temporary guardianship. Once this showing is made, the third party must then show that continuation of the temporary guardianship will best promote the child's welfare and happiness.”

   2 later decisions quote this exact passage · from the dissent
   e.g. In the INTEREST OF K.M., a Child. · 314 Ga. App. 533 - Lopez v. Olson

2. “[Guardianships are intended to encourage parents experiencing difficulties to temporarily turn over the custody and care of their children — safe in the knowledge that they will be able to regain custody in the future. This policy would be frustrated if guardianships were permanent or resulted in the automatic termination of parental rights, because parents would be less likely to voluntarily petition for a guardian to be appointed to care for their minor children. Therefore, children would unnecessarily be placed in jeopardy in many circumstances. [[Image here]] Thus, we hold that in guardianship termination proceedings involving a biological or adoptive parent, the parental preference principle serves to establish a rebuttable presumption that the best interests of the child are served by reuniting the minor child with his or her parent. In other words, an individual who opposes the termination of a guardianship bears the burden of proving by clear and convincing evidence that the biological or adoptive parent either is unfit or has forfeited his or her right to custody. Absent such proof, the constitutional dimensions of the relationship between parent and child require termination of the guardianship and reunification with the parent.”

   1 later decision quote this exact passage · from the concurrence
   e.g. In the Matter of the Guardianship of S.H.

3. “where, as here, a custody dispute arises between a noncustodial biological parent and a third party, a strong majority of Justices in Clark would not permit the state to interfere with the parent’s right to raise her child unless, at a minimum, the state acts to protect the child’s health or welfare and the parent’s decision would result in harm to the child.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 314 Ga. App. 533 - Lopez v. Olson