Koller v. Koller’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Ebertz v. Ebertz, 338 N.W.2d 651 (N.D.1983), this court set forth the two issues a trial court must resolve in decid ing whether to grant or deny a motion to modify custody: “ ‘This court distinguishes between the original award of custody and a decision to modify custody. Miller v. Miller, 305 N.W.2d 666 (N.D.1981). When initially awarding custody, the trial judge determines the single issue of the child’s best interests. Sec. 14-09-06.1, N.D.C.C. When modifying custody, the trial judge must determine two issues: whether or not there has been a significant change of circumstances since the original divorce decree and custody award and, if so, whether or not those changed circumstances are such that a change in custody fosters the best interests of the child. [Citations omitted.] [[Image here]] “ ‘The change of circumstances must not only be significant, but it must also indicate that modifying custody will promote the children’s best interests.’ 338 N.W.2d at 654-655 . “The burden of showing a change of circumstances which affects the best interests of the child and requires a change in custody is on the party seeking modification. Lapp v. Lapp, 336 N.W.2d 350 (N.D.1983). On appeal, this court will not set aside the trial court’s determination unless it is clearly erroneous under Rule 52(a), N.D.R.Civ.P. Ebertz, supra; Lapp, supra.””

   1 later decision quote this exact passage
   e.g. Orke v. Olson