Gravning v. Gravning’s Empirical Analysis
1986
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently February 2016 · most notably 182 W. Va. 57 - David M. v. Margaret M. (1989), Freed v. Freed (1990)
30 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Marriage of Pikula v. Pikula · Lapp v. Lapp · Jordana v. Corley · Vetter v. Vetter · Landsberger v. Landsberger
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Best interests and welfare of child — Court consideration — Factors. For the purpose of custody, the best interests and welfare of the child shall be determined by the court’s consideration and evaluation of all factors affecting the best interests and welfare of the child. These factors include all of the following when applicable: "1. The love, affection, and other emotional ties existing between the parents and child. “2. The capacity and disposition of the parents to give the child love, affection, and guidance and to continue the education of the child. “3. The disposition of the parents to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs. “4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. "5. The permanence, as a family unit, of the existing or proposed custodial home. ”6. The moral fitness of the parents. "7. The mental and physical health of the parents. "8. The home, school, and community record of the child. "9. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. “10. Any other factors considered by the court to be relevant to a particular child custody dispute."”
1 later decision quote this exact passagee.g. Roen v. Roen““Some courts have made the ‘primary caretaker’ factor into a presumptive rule, see Pikula v. Pikula, 374 N.W.2d 705 (Minn.1985), but in North Dakota the concept inheres in the statutory factors and has not yet been accorded elevated status. ‘[T]he observed fact that mothers of infants are most often better able to care for them than the fathers are ... is only one of the many considerations to be weighed by the trial court in making its finding as to the best interest of the child, and to be considered by us in determining whether the finding was clearly erroneous.’ Odegard v. Odegard, 259 N.W.2d [484, 486 (N.D.1977)]. “In North Dakota, parents ‘have equal rights’ as to the ‘care, custody, education, and control’ of their minor children; § 14-09-06, N.D.C.C. (1985 Supp.). ‘Between the mother and father ... there is no presumption as to who will better promote the best interests and welfare of the child;’ § 14-09-06.1, N.D.C.C.””
1 later decision quote this exact passagee.g. Harvey v. Harvey“`primary caretaker' ... concept inheres in the statutory factors”
1 later decision quote this exact passagee.g. Reimche v. Reimche
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.