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← 322 So. 2d 784 - Bourque v. Leger

322 So. 2d 784 - Bourque v. Leger’s Empirical Analysis

1976

Citation profile

12
cited by 12 later decisions
1
states following
May 1985
most recently cited

12 state decisions

Relationships

Relies on Fulco v. Fulco · Decker v. Landry · Estes v. Estes · 307 So. 2d 563 - Nethken v. Nethken · 232 So. 2d 521 - Nugent v. Nugent

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

  1. “"As stated in Fulco the following legal principles are applicable in determining the award of custody of children: (1) The paramount consideration in determining to whom custody should be granted is always the welfare of the children; (2) generally, it is in the best interest of the children that their custody be awarded to the mother; (3) when the trial court has made a considered decree of permanent custody, the party seeking to change that custody bears a heavy burden of proving that the best interest and welfare of the children will be served by making that change, even though it involves removing them from the environment to which they are accustomed; and (4) on appellate review, the determination made by the trial judge in a child custody matter is entitled to great weight, and his decision as to custody will not be disturbed in the absence of a clear showing of abuse of the great discretion which is vested in him."”
    2 later decisions quote this exact passage
  2. “"Our Supreme Court, however, in Fulco v. Fulco, 259 La. 1122 , 254 So.2d 603 (1971), discarded the so called `double burden of proof' rule, and instead the court set out clear and understandable guidelines which are to be followed in determining to whom custody of children should be awarded, whether the case involves the initial awarding of custody or the transfer of custody from one person to another."”
    2 later decisions quote this exact passage
  3. “"It is true that stability in environment is an important value, so that a party seeking to change a considered [decree] of the permanent custody of children bears a heavy burden to justify such change as being in [the child's] best interest." 258 So.2d 859 -860.”
    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.