Patel v. Patel’s Empirical Analysis

Citation profile

55 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) conduct an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family, which should include: reviewing relevant documents; meeting with and observing the child in the home setting and considering the child’s wishes, if appropriate; and interviewing parents, caregivers, and others with knowledge relevant to the case; (2) advocate for the child’s best interests by making specific and clear recommendations, when necessary, for evaluation, services, and treatment for the child and the child’s family; (3) attend all court hearings and provide accurate, current information directly to the court; (4) maintain a complete file with notes rather than relying upon court files; and (5) present to the court and all other parties clear and comprehensive written reports, including but not limited to a final report regarding the child’s best interest, which includes conclusions and recommendations and the facts upon which the reports are based. 11”

   5 later decisions quote this exact passage
   e.g. Pirayesh v. Pirayesh · Simcox-Adams v. Adams

2. “The family court considers several factors in ■ determining the best interest of the child, including: who has been the primary caretaker; the conduct, attributes, and fitness of the parents; the opinions of third parties (including GAL, expert witnesses, and the children); and the age, health, and sex of the children.”

   3 later decisions quote this exact passage
   e.g. Clark v. Clark · Nasser-Moghaddassi v. Moghaddassi

3. “A guardian ad litem, as the later phrase suggests, is a guardian for litigation. Traditionally, GALs were lawyers appointed by the court to appear in a lawsuit on behalf of a minor or incompetent. Over time, the role of the guardian was defined by statute as well as by common law. Lay persons as well as lawyers were appointed by the court in cases to protect those the court or legislature deemed could not protect themselves---- The GAL functions as a representative of the court, appointed to assist the court in making its determination of custody by advocating for the best interest of the children and providing the court with an objective view. Fleming v. Asbill, 326 S.C. 49 , 483 S.E.2d 751 (1997); Townsend v. Townsend, 323 S.C. 309 , 474 S.E.2d 424 (1996). Standard setting for GALs in this “new” role has been very ad hoc. The legislature has set standards for a GAL appointed in abuse and neglect cases. However, there has been no comprehensive or coherent approach for the setting of standards for the use of GALs in private custody disputes ....”

   2 later decisions quote this exact passage
   e.g. Erickson v. Jones Street Publishers, LLC · Nasser-Moghaddassi v. Moghaddassi