McDonough v. Murphy’s Empirical Analysis
1995
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently April 2016
18 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 Blotske v. Leidholm · Reinecke v. Griffeth · Van Dyke v. Van Dyke · Barstad v. Barstad · Schmidkunz v. Schmidkunz
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court must first determine whether there has been a significant change in circumstances since the original placement. Klose v. Klose, 524 N.W.2d 94, 95 (N.D.1994). If there has, the court must further determine whether that change compels, in the child’s best interests, a change of custody. Barstad v. Barstad, 499 N.W.2d 584, 587 (N.D.1993). The parent seeking to modify custody has the burden of showing both that a circumstance changed significantly and that this change so adversely affected the child that a custodial change is required. Gould v. Miller, 488 N.W.2d 42, 43 (N.D.1992). Changed circumstances must be new facts that were unknown at the time of the prior custodial decree. Leppert v. Leppert, 519 N.W.2d 287, 292 (N.D.1994). As we explained in Alvarez v. Carlson, 524 N.W.2d 584, 589-590 (N.D.1994), there is a. doctrinal aversion to changing the custody of a happy child who has been living with one parent for a substantial time, and thus close calls should be resolved in favor of continuing an existing custodial placement.”
1 later decision quote this exact passagee.g. Lovin v. Lovin“Although a child's preference is not as important in determining whether there has been a significant change of circumstances as it is in determining the best interest of the child ... it is a factor that can be considered by the trial court for both steps of the analysis.”
1 later decision quote this exact passage“started doing some things that were quite out of character for him ... he had tried to run away from home on two occasions ... he was not getting his emotional needs met.”
1 later decision quote this exact passage
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.