469 So. 2d 398 - Brooks v. Brooks’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Now, on the custody issue, as I see it I have a choice between doing one of two things, either of continuing the present custody plan and order or adopting and ordering the institution of the plan requested by Mrs. Johns. Once a joint custody plan has been ordered the burden is on the parent seeking to institute another plan to show that the best interests of the children require the change. It is not sufficient to show that problems exist. I dare say problems will exist in almost any custody arrangement, joint or otherwise. In this instance there is an insufficient showing, in my opinion, that adoption of the plan requested by Mrs. Johns would be in the best interest of the children, that it should be preferred over the present joint custody plan. Her requested plan is a radical change from the present custody order and is less in keeping with the legislative intent of joint custody. The legislature has declared that joint custody is presumed to be in the best interest of children and that joint custody means that the parents shall, to the extent feasible, share the physical custody of the children. Mrs. Johns' request does not accomplish this as much as does the present plan. Now, a part of the difficulty apparently that has been experienced in the operation of the present plan lies in the difference in the religious beliefs of the parties. I feel that certainly these differences, or this problem, if one should call it that, these differences were certainly anticipated at ”

   1 later decision quote this exact passage
   e.g. 471 So. 2d 1071 - Johns v. Johns

2. ““The best interest of the child is the sole criterion in deciding child custody. La.C.C. art. 146. A trial court’s decision with regard to child custody is entitled to great weight upon appellate review. The trial court “... is in a better position to evaluate the best interests of the children from his total overview of the conduct and character of the parties and the children and of community standards. His discretion on the issue will not be disturbed on review in the absence of a clear showing of abuse thereof.” (citations omitted). Fulco v. Fulco, 259 La. 1122 , 254 So.2d 603 (1971).””

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