Batiste v. Guillory’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"B. Before the court makes any order awarding custody to a person or persons other than a parent without the consent of the parents, it shall make a finding that an award of custody to a parent would be detrimental to the child and the award to a nonparent is required to serve the best interest of the child. Allegations that parental custody would be detrimental to the child, other than a statement of that ultimate fact, shall not appear in the pleadings."”

   3 later decisions quote this exact passage
   e.g. Tutorship of Peavy · 536 So. 2d 1278 - Love v. Love

2. “"Under La.C.C. Art. 146, the burden is on the non-parent to prove that a grant of custody to the parent would be detrimental to the child and the award of custody to the non-parent is required to serve the best interest of the child. There are various ways to express the standard that `custody to a parent would be detrimental to the child.' In the case of State In The Matter of Williams, 447 So.2d 1211 (La.App. 5th Cir.1984), writ denied, 449 So.2d 1357 , the court said, in regard to this standard, that `convincing proof must be established that the parent is unfit or has forfeited the parental right to custody by action or omission. ' (Emphasis ours). Black's Law Dictionary 406 (5th Ed. 1979) defines detriment as `any loss or harm suffered in person or property.' Thus, the applicable standard could reasonably be rephrased to produce a test that would require the court to determine if granting custody to the natural parent would be harmful to the child."”

   2 later decisions quote this exact passage
   e.g. 536 So. 2d 1278 - Love v. Love · 479 So. 2d 1040 - Moore v. Moore

3. “"The `conduct' of the parent is one of the most important factors in determining whether an award of custody to the parent would be detrimental or harmful to the child. The conduct, outward behavior of the parent, creates a role model for the child. If the parent presents a poor role model (injurious conduct), is physically, sexually, or mentally abusive to the child or to those around the child, then the child will have a significantly decreased chance to live a normal, happy, and productive childhood and, later, adulthood." Batiste v. Guillory, supra, at page 1048.”

   1 later decision quote this exact passage
   e.g. 502 So. 2d 583 - Gordy v. Langner