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← 553 NE2D 490 - Walker v. Chatfield

Walker v. Chatfield’s Empirical Analysis

1990

Citation profile

20
cited by 20 later decisions
1
states following
June 2001
most recently cited

20 state decisions

Relationships

Relies on Stanley v. Illinois · Griswold v. State of Connecticut · Meyer v. State of Nebraska · Prince v. Commonwealth of Massachusetts · Starnes v. Penrod Drilling Co.

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

  1. “We recognize that there will always be changes in circumstances between the initial hearing and subsequent hearings-the child matures, parents may remarry, divorce, move, have more or less income than at the initial hearing, there may be other children added to the family through birth or remarriage that change the relationship of the child to the custodial parent, and so forth. But what life is all about is growth and change. However, these changes, which we take for granted, do not automatically trigger the right of a court to re-examine whether or not one parent might be preferred as a custodian over another, as is the test at an initial hearing. Thus, mere changes that occur as life goes on do not, standing alone, justify a modification of eustody. What we look for when we review the trial court's action is evidence of a decisive and substantial change in circumstances which either establishes the unfitness of the custodial parent or affects the welfare of the child so that it renders the original custodial order unreasonable.”
    3 later decisions quote this exact passage
  2. “(a) Visitation rights may be granted when the court determines that it is in the best interests of the child. (b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had, or has attempted to have, meaningful contact with the child.”
    3 later decisions quote this exact passage
  3. “"(a) The court shall determine custody in accord with the best interests of the child. In determining the child's best interests, there shall be no presumption favoring either parent. The court shall consider all relevant factors, including: (1) The age and sex of the child; (2) The wishes of the child's parents; (3) The wishes of the child; (4) The interaction and interrelationship of the child with his parents, his siblings, and with any other person who may significantly affect the child's best interest; (5) The child's adjustment to his home, school, and community; and (6) The mental and physical health of all individuals involved. * * * * * * (e) The court may modify an order determining custody rights whenever modification would serve the best interests of the child."”
    2 later decisions 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.