Reynier v. Reynier’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In change of custody matters, the jurisprudence has traditionally declared that where a party seeks to change the custody of a child granted to a parent by a considered decree, the party must show a change of circumstance materially affecting the welfare of the child. Bergeron v. Bergeron [ 492 So.2d 1193 (La.1986)], supra, and the cases cited therein. This rule historically imposed a heavy burden of proof on the moving party to show the change of circumstances. However, the courts faced with issues involving visitation and changes in visitation orders have generally not imposed the change of circumstance rule and its heavy burden of proof as jurisprudentially developed for change of custody. See: Hanks v. Hanks, 527 So.2d 32 (La. App. 3 Cir.1988); Heausler v. Heausler, 466 So.2d 793 (La.App. 4 Cir.1985); Cox v. Cox, 428 So.2d 1247 (La.App. 3 Cir.1983). But see: Mosely v. Mosely, 499 So.2d 106 (La.App. 1 Cir.1986), and Steagall v. Steagall, 442 So.2d 732 (La.App. 1 Cir.1983) (contra by implication). The law recognizes the noncustodial parent's entitlement to reasonable visitation unless it is shown it would seriously endanger the child's mental, moral or emotional health. Maxwell v. LeBlanc, [ 434 So.2d 375 (La.1983)] supra. Where there have been restrictions placed on a noncustodial parent's visitation rights, those restrictions should be lifted when it is shown to be in the child's best interest. See: Hanks v. Hanks, supra; Heausler v. Heausler, supra; Cox v. Cox, supra. Fu”

   1 later decision quote this exact passage
   e.g. 657 So. 2d 413 - Bennett v. Bennett