516 So. 2d 1277 - Stuart v. Stuart’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: (1) This state (I) is the home state of the child at the time of commencement of the proceeding, or (ii) had been the child’s home state within six months before commencement of the proceeding and the child is absent from this state because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state; or 15(2) It is in the best interest of the child that a court of this state assume jurisdiction because (I) the child and his parents, or the child and at least one contestant, have a significant connection with this state, and (ii) there is available in this state substantial evidence concerning the child’s present or future care, protection, training, and personal relationships; or (3) The child is physically present in this state and (I) the child has been abandoned or (ii) it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependent; or (4)(I) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with Paragraphs (1), (2), or (3), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody”

   2 later decisions quote this exact passage
   e.g. 711 So. 2d 303 - Burr v. Burr · 580 So. 2d 945 - Renno v. Evans

2. “It has been suggested that jurisdiction is arranged in descending preferential order. Snider v. Snider, 474 So.2d 1374 (La.App. 2d Cir.1985); Schroth v. Schroth, [ 449 So.2d 640 (La.App. 4th Cir. 1984)]. The “home state” is the preferred jurisdiction. Implicit in the Act’s rank-order design is the presumption that a child’s best interests will ordinarily be served by the assumption of jurisdiction by his home state. 44 La.L.Rev. at 29; LSA-R.S. 13:1702(A)(1). Next in rank is the “significant connection” jurisdiction. LSA-R.S. 13:1702(A)(2). “Emergency jurisdiction” is then provided for in LSA-R.S. 13:1702(A)(3). Finally, there is the “residual” category which applies when no other state would have jurisdiction under the above sections or when another state has declined jurisdiction. LSA-R.S. 13:1702(A)(4).”

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

3. “retains and reaffirms parens patriae jurisdiction, usually exercised by a juvenile court, which a state must assume when a child is in a situation requiring immediate protection. This jurisdiction exists when a child has been abandoned and in emergency cases of child neglect. Presence of the child in the state is the only prerequisite. This extraordinary jurisdiction is reserved for extraordinary circumstances. Where there is child neglect without emergency or abandonment, jurisdiction cannot be based on this paragraph.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. D.S.K. v. Kasper