Henry v. Henry’s Empirical Analysis
1995
Citation profile
1
cited by 1 later decisions
1
states following
November 1997
most recently cited
1 state decisions
Relationships
Relies on Succession of Garnett v. State, Department of Revenue & Taxation · Succession of Zaring · 519 So. 2d 373 - Succession of Garnett v. STATE, DEPT. OF REVENUE & TAXATION
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The subject of this proceeding, Devon Ray Henry, bom April 2, 1990, is the natural child of Stacey Lynn Henry (now Simmons), - This matter was commenced when Stacey Lynn Henry (now Simmons), [sic] filed a petition seeking custody of her child from the child’s maternal grandfather [Stacey’s father], John Edgar Henry. As alleged, the child had lived with Mr. Henry [and Mr. Henry’s wife, D’Ann Dunham Henry] for approximately a year with the permission of the mother, Stacey Lynn Henry (now Simmons). When Ms. Simmons sought the child’s return prior to filing suit, Mr. Henry apparently refused. The dispute between Ms. Simmons and Mr. Henry was resolved when custody of the child was returned to Ms. Simmons and a judgment was rendered giving Mr. Henry generous visitation rights. Thereafter, D’Ann Dunham Henry, Ms. Simmons’ stepmother and Mr. Henry’s wife since 1989, filed the instant “Rule to Establish Visitation Rights” seeking visitation rights with the child. In response, Ms. Simmons filed an exception pleading the objections of no right and no cause of action, arguing that since divorce proceedings are currently underway between Mr. and Mrs. Henry, Mrs. Henry is not eligible, under La.C.C. art. 136(B.), as a relative by “affinity”, for visitation.”
1 later decision quote this exact passage“Under extraordinary circumstances, a relative by blood or affinity, or a former stepparent or stepgrandparent, not granted custody of the child may be granted reasonable visitation rights if the court finds that it is in the best interest of the child. In determining the best interest of the child, the court shall consider: (1) The length and quality of the prior relationship between the child and the relative. (2) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the relative. (3) The preference of the child if he is determined to be of sufficient maturity to express a preference. (4) The willingness of the relative to encourage a close relationship between the child and his parent or parents. (5) The mental and physical health of the child and the relative.”
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.