340 So. 2d 584 - Stevens v. Stevens’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(1) The paramount consideration in determining to whom custody should be granted is always the welfare of the children. "(2) The general rule is that it is in the best interest of the children of the marriage to grant custody to the mother, especially when they are of tender years. Such paramount right of the mother to custody should not be denied unless she is morally unfit or otherwise unsuitable, and it is only in exceptional cases that the better interest of the children is served by changing their custody from the mother to the father. "(3) When the trial court has made a considered decree of permanent custody in the light of the above principles, even though such custody is subject to modification at any time when a change of conditions demands it, the party seeking the change bears a heavy burden of proving that the continuation of the present custody is so deleterious to the children as to justify removing them from the environment to which they are accustomed. "(4) Upon appellate review, the determination of the trial judge in child custody matters is entitled to great weight. He is in a better position to evaluate the best interests of the children from his total overview of the conduct and character of the parties and the children and of community standards. His discretion on the issue will not be disturbed on review in the absence of a clear showing of abuse thereof." (Citations omitted). Fulco v. Fulco, 259 La. 1122 , 254 So.2d 603 (1971), at 605.”

   4 later decisions quote this exact passage
   e.g. Monteleone v. Monteleone · Duffie v. Duffie

2. “decree. The party alleging applicability of the Bergeron rule must show, through introduction of the transcript of the prior proceeding or otherwise, that the custody issue was previously”

   2 later decisions quote this exact passage
   e.g. Duffie v. Duffie · 606 So. 2d 862 - Odom v. Odom

3. “decree (i. e., that there was evidence taken at the proceedings in regard to her fitness to have the care, custody and control of the child), a factor that was the responsibility of Mrs. Barsavage to introduce in order for her to invoke the”

   1 later decision quote this exact passage
   e.g. Powell v. Barsavage