Johnson v. Schlotman’s Empirical Analysis
1993
Citation profile
27 state decisions
How this case has been cited
Cited by 28 later decisions — most recently March 2017 · most notably Van Dyke v. Van Dyke (1995), Loll v. Loll (1997)
27 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Bezio v. Patenaude · D. H. v. J. H. · S.N.E. v. R.L.B. · Healy v. Healy · 100 Wash. 2d 325 - In Re the Marriage of Cabalquinto
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A parent does have a duty to not turn a child away from the other parent by ‘poisoning the well.’ Notwithstanding the perceived imperfections in the other parent, a custodial parent should, in the best interests of the children, nurture the children’s relationship with the noncustodial parent.” We hold a parent who willfully alienates a child from the other parent may not be awarded custody based on that alienation.”
3 later decisions quote this exact passage“11-09-06.6. Limitations on post-judgment custody modifications. [[Image here]] 4. A party seeking modification of a custody order shall serve and file moving papers and supporting affidavits and shall give notice to the other party to the proceeding who may serve and file a response and opposing affidavits. The court shall consider the motion on briefs and without oral argument or evidentiary hearing and shall deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. If a prima facie case is established, the court shall set a date for an evidentiary hearing. 5. The court may not modify a prior custody order within the two-year period following the date of entry of an order establishing custody unless the court finds the modification is necessary to serve the best interest of the child and: a. The persistent and willful denial or interference with visitation; b. The child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development; or c. The primary physical care of the child has changed to the other parent for longer than six months. [[Image here]] 8. Upon a motion to modify custody under this section, the burden of proof is on the moving party.”
2 later decisions quote this exact passagee.g. Wilson v. Ibarra · K.M.G. v. J.G.“Here we are concerned that the trial court overstepped its bounds by terminating all visitation. To justify such an onerous restriction on visitation, physical or emotional harm resulting from the visitation must be demonstrated in detail, and we will not simply assume or surmise such harm. Hanson v. Hanson, 404 N.W.2d 460 (N.D. 1987). An order denying visitation must be based on the preponderance of the evidence. Healy v. Healy, 397 N.W.2d 71 (N.D. 1986). Absent a detailed demonstration of harm, such a restriction appears punitive. Although the children are upset and confused about Dianne's homosexuality, it is questionable whether this state of mind rises to the level of endangerment to the children's physical or emotional health.”
1 later decision quote this exact passagee.g. Wilson v. Ibarra
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.