DeRose v. DeRose’s Empirical Analysis

Citation profile

14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) A child's grandparent may seek a grandparenting time order under 1 or more of the following circumstances: (a) An action for divorce, separate maintenance, or annulment involving the child's parents is pending before the court. (b) The child's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled. (c) The child's parent who is a child of the grandparents is deceased. (d) The child's parents have never been married, they are not residing in the same household, and paternity has been established. . . . (e) Except as otherwise provided in subsection (13), legal custody of the child has been given to a person other than the child's parent, or the child is placed outside of and does not reside in the home of a parent. (f) In the year preceding the commencement of an action under subsection (3) for grandparenting time, the grandparent provided an established custodial environment for the child as described in section 7, whether or not the grandparent had custody under a court order. * * * (3) A grandparent seeking a grandparenting time order shall commence an action for grandparenting time, as follows: (a) If the circuit court has continuing jurisdiction over the child, the child's grandparent shall seek a grandparenting time order by filing a motion with the circuit court in the county where the court has continuing jurisdiction. (b) If the circuit court does not have continuing jurisdiction over the child, the child's gr”

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

2. ““indicates that the court is only required to make a record of the reasons for its decision in a grandparenting visitation case if visitation is denied. Apparently, if visitation is granted, the trial court need not justify its decision with any factual findings or analysis. Thus, rather than giving any ‘special weight’ to the determination of a fit parent, the thrust of this provision appears to favor grandparent visitation in the face of a contrary preference by a fit parent.””

   1 later decision quote this exact passage · from the concurrence
   e.g. 168 Md. App. 556 - Koshko v. Haining

3. “unless the unconstitutionality is clearly apparent.”

   1 later decision quote this exact passage
   e.g. 324 Mich. App. 251 - Anita L Sheardown v. Janine Guastella