Jacobson v. Kidd’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “may take into account the obvious or natural effects of a situation in finding a material change in circumstance.”

   2 later decisions quote this exact passage
   e.g. Smith v. Kelly · Ianelli v. Camino

2. “[a] circumstance may have relevance in a child's life before there are outward signs of harm.”

   2 later decisions quote this exact passage
   e.g. Smith v. Kelly · Ianelli v. Camino

3. “The first step requires a showing that there has been a material change in circumstances since the entry of the order in question. Because of the res judicata effect afforded custody orders, such a finding is a threshold requirement. The district court does not properly acquire jurisdiction to reopen an existing custody order until there has been a showing of a substantial or material change of circumstances which outweigh society's interest in applying the doctrine of res judicata to a custody order. In short, unless the district court finds a material change in circumstances, it cannot proceed to the second step-determining whether a modification would be in the best interests of the child.”

   1 later decision quote this exact passage
   e.g. Smith v. Kelly