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← 296 NW2D 490 - Bergstrom v. Bergstrom

Bergstrom v. Bergstrom’s Empirical Analysis

1980

Citation profile

24
cited by 24 later decisions
4
states following
August 2010
most recently cited

2 federal appellate · 21 state decisions

How this case has been cited

Cited by 24 later decisions — most recently August 2010

2 federal appellate · 21 state decisions

1401980199020002010decided

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 Gault · Brown et al. v. Board of Education of Topeka et al. · Tinker v. Des Moines Independent Community School District · Goss v. Lopez · West Virginia State Board of Education v. Barnette

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

  1. “The constitutional right upon which Lina relies is somewhat broader than she describes it. It is the- fundamental right of an American citizen to reside wherever he wishes, whether in the United States or abroad, and to engage in the consequent travel. [Citations omitted.] It is the right to exercise a choice of residence, not an obligation to remain in one’s native country whether one so desires or not, as is required in some totalitarian countries. In the case of an infant below the age of discretion the right is purely theoretical, however, since the infant is incapable of exercising it * * *. sfc ⅜ ⅝ jfc ‡ * The right of an American citizen to fix and change his residence is a continuing one which he enjoys throughout his life. Thus while today Lina Acosta, as an infant twenty-two months of age, doubtless desires merely to be where she can enjoy the care and affection of her parents, whether in the United States or Columbia, she will as she grows older and reaches years of discretion be entitled to decide for herself where she wants to live and as an American citizen she may then, if she so chooses, return to the United States to live * * *. [Emphasis added.]”
    1 later decision quote this exact passage
  2. “"... view and preference of a citizen-child who is capable of intelligently exercising a choice of residence is a significant factor to be considered in determining the best interests of the child ...."”
    1 later decision quote this exact passage
  3. “the recommendations of expert witnesses on both sides dictate that it is in Ida's best interests to receive professional help in the form of therapy or counseling.”
    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.