Trader v. Dear’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(W)hen a court acquires jurisdiction of a suit affecting the parent-child relationship, that court retains continuing jurisdiction of all matters provided for under this subtitle in connection with the child, and ho other court has jurisdiction of a suit affecting the parent-child relationship with regard to that child except on transfers as provided in § 11.06 of this code.””

   3 later decisions quote this exact passage
   e.g. Chandler v. Mierendorf · Webb v. Webb

2. ““The Legislature by enacting the Family Code adopted a scheme for handling parent-child matters in a manner that avoids forum shopping, races to the courthouse, child snatching, and the harassment of a parent by the other parent’s filing suits in random courts.” Trader v. Dear, Tex., 565 S.W.2d 233, 235 (1978).”

   3 later decisions quote this exact passage
   e.g. Nicholaus v. Nicholaus · Martin v. O'DONNELL

3. “(a) If the right to possession of a child is presently governed by a court order, the court in a habeas corpus proceeding involving the right to possession of the child shall compel return of the child to the relator if and only if it finds that the relator is presently entitled to possession by virtue of the court order. (b) The court shall disregard any cross action or motion pending for modification of the decree determinating managing conservatorship, possession, or support of or access to the child unless it finds that: (1) the previous order was granted by a court that did not have jurisdiction of the parties; or (2) the child has not been in the relator's possession and control for at least 6 months immediately preceding the filing of the petition for the writ. (c) The court may issue any appropriate temporary order if there is a serious immediate question concerning the welfare of the child. (d) While in this state for the sole purpose of compelling the return of a child through a habeas corpus proceeding, the relator is not amenable to civil process and is not subject to the jurisdiction of any civil court except the court in which the writ is pending and in that court only for the purpose of prosecuting the writ. (e) If the right to possession of a child is not governed by a court order, the court in a habeas corpus proceeding involving the right of possession of the child shall compel return of the child to the relator if, and only if, it finds that the relator has”

   2 later decisions quote this exact passage
   e.g. Marshall v. Wilson · Rankin v. Gray