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← 559 SO2D 6 - Milligan v. Milligan

Milligan v. Milligan’s Empirical Analysis

1990

Citation profile

2
cited by 2 later decisions
1
states following
December 1991
most recently cited

2 state decisions

Relationships

Relies on 492 So. 2d 1193 - Bergeron v. Bergeron · 433 So. 2d 705 - Everett v. Everett · Dungan v. Dungan · Foy v. Foy · 521 So. 2d 793 - Meredith v. Meredith

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

  1. “"When a trial court has made a considered decree of permanent custody, the party seeking a change bears a heavy burden of proving that the continuation of the present custody is so deleterious to the child as to justify a modification of the custody decree or of proving by clear and convincing evidence that the harm likely to be caused by a change of environment is substantially outweighed by its advantages to the child. Bergeron v. Bergeron, 492 So.2d 1193 (La.1986). However, where no considered decree of custody has been rendered, the `heavy burden' rule set forth in Bergeron does not apply. The test to be applied in such cases is best interest of the child. Milligan v. Milligan, 559 So.2d 6 (La.App. 1st Cir.1990); Stewart v. Stewart, 525 So.2d 218 (La.App. 1st Cir.1988); Meredith v. Meredith, 521 So.2d [793] at 796; Risher v. Risher, 511 So.2d 1220 (La.App. 2nd Cir.1987)." Lindner, supra, at pg. 175 .”
    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.