Lenz v. Lenz’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the evidence may suggest that the boys’ living situation in Germany would be similar to or equal with their current situation, this does not satisfy Romy’s statutory burden of establishing that relocation would be in the boys’ best interest and a positive improvement. At best the evidence suggests that modification to allow a move to Germany could be a positive improvement for Romy, but not for the boys. While the trial court stated that its order did not restrict Romy’s freedom to ‘change her address and domicile,’ the obvious practical impact of the order is that Romy must remain in Texas where she is unhappy if she wants to maintain custody of her boys. Romy is offered the chance of a fresh start in Germany where she is more comfortable; but under Texas law with the ‘best interest of the child’ as the standard, Romy cannot undertake that fresh start with her children. She must choose between her interests and the best interest of her boys. Unfortunately, in this case the interest of the parties are at odds. The Family Code specifies that the best interest of the children must prevail....”

   1 later decision quote this exact passage
   e.g. Franco v. Franco

2. “We find no merit to Romy’s claim that the trial court’s action infringes on her U.S. Constitutional right to travel. This right embraces three different components: the right to enter and leave another State; the right to be treated as a welcome visitor while temporarily present in another State; and, for those travelers who elect to become permanent residents, the right to be treated like other citizens of that State. Saenz v. Roe, 526 U.S. 489, 490 , 119 S.Ct. 1518 , 143 L.Ed.2d 689 (1999). Because the trial court’s order in no way affects Romy’s ability to return to Germany, the trial court’s order does not interfere with: (1) her right to enter and leave another State; (2) her right to be treated as a welcome visitor in another State; or (3) her right to be treated like any other citizen of Texas who voluntarily subjects herself to the jurisdiction of the court system by filing a divorce proceeding. Accordingly, we reject this argument.”

   1 later decision quote this exact passage
   e.g. Bates v. Tesar

3. “Pursuant to the jury’s verdict, IT IS ORDERED ... Article V of the Joint Custody Agreement and Parenting Plan entitled “Relocation” ... is hereby specifically modified to read as follows: ... as a condition of possession to the joint managing conservatorship, that the children shall reside in and attend school in Bexar County, Texas.”

   1 later decision quote this exact passage
   e.g. Lenz v. Lenz