Latimer v. Farmer’s Empirical Analysis

Citation profile

32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As in all matters of child custody, a change in custody analysis inevitably asks whether the transfer in custody is in the child’s best interests. In order for a court to grant a change in custody, there must be a showing of changed circumstances[,] ... meaning] that sufficient facts have been shown to warrant the conclusion that the best interests of the children would be served by the change. The change of circumstances relied on for a change of custody must be such as would substantially affect the interest and welfare of the child. Because the best interest of the child is the overriding concern in all child custody matters, when a noncustodial parent seeks a change in custody, the non-custodial parent must establish the following: (1) there has been a substantial change in circumstances affecting the welfare of the child and (2) a change in custody is in the overall best interests of the child.”

   2 later decisions quote this exact passage
   e.g. Klein v. Barrett · Tillman v. Oakes

2. “Relocation is one factor in considering a change in circumstances, but is not alone a sufficient change in circumstances. One location may not necessarily affect the best interests of the [children] as would another. The effect of relocation on the [children’s] best interests] is highly fact specific. It should not be assumed that merely relocating and potentially burdening the non-custodial parent’s visitation rights always negatively affects the [children’s] best interests.”

   2 later decisions quote this exact passage
   e.g. Burgess v. Arnold · Walrath v. Pope

3. “[0]ur [sjupreme [c]ourt has acknowledged, without endorsing or specifically approving, factors other states consider when making this determination. For example, our [supreme [c]ourt stated the New York Court of Appeals looks at (1) each parent’s reason for seeking or opposing the relocation; (2) the relationship between the children and each parent; (3) the impact of the relocation on the quality of the children’s future contact with the non-custodial parent; (4) the economic, emotional, and educational enhancements of the move; and (5) the feasibility of preserving the children’s relationship with the noncustodial parent through visitation arrangements. Additionally, our [sjupreme [cjourt noted Pennsylvania courts require the following considerations in relocation cases: (1) the economic and other potential advantages of the move; (2) the likelihood the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a whim of the custodial parent; (3) the motives behind the parent’s reasons for seeking or opposing the move; and (4) the availability of a realistic substitute visitation arrangement that will adequately foster an ongoing relationship between the non-custodial parent and the children.”

   1 later decision quote this exact passage
   e.g. McComb v. Conard