A.H. v. M.P.’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We have recognized that, in certain limited circumstances, a child may, with the legal parent’s assent, have developed a ‘significant preexisting relationship’ with an adult who is not the child’s legal parent ‘that would allow an inference, when evaluating a child’s best interests, that measurable harm would befall the child on the disruption of that relationship.’ Care & Protection of Sharlene, 445 Mass. 756, 767 (2006), and cases cited. One such circumstance exists when the adult who is not the legal parent is found to meet the criteria of a ‘de facto parent.’ ‘A de facto parent is one who has no biological relation to the child, but has participated in the child’s life as a member of the child’s family. The de facto parent resides with the child and, with the consent and encouragement of the legal parent, performs a share of caretaking functions at least as great as the legal parent. . . . The de facto parent shapes the child’s daily routine, addresses his developmental needs, disciplines the child, provides for his education and medical care, and serves as a moral guide.’ E.N.O. v. L.M.M., 429 Mass. 824, 829 [, cert. denied, 528 U.S. 1005 ] (1999).” (Footnote omitted.)”

   2 later decisions quote this exact passage
   e.g. Smith v. Jones · Sinnott v. Peck

2. “[a]bsent clear error, we will not substitute our weighing of the evidence for that of a trial judge who had the opportunity to observe the witnesses and form conclusions about their credibility, even if our weighing of the evidence might have differed from that of the judge.”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 664 - In re Adoption Garret

3. “express no opinion on the two-year requirement.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 92 Mass. App. Ct. 664 - In re Adoption Garret