730 So. 2d 1190 - Ex Parte JMF’s Empirical Analysis
1998
Citation profile
1 federal appellate · 18 state decisions
How this case has been cited
Cited by 20 later decisions — most recently May 2014
1 federal appellate · 18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Lehr v. Robertson · 455 So. 2d 863 - Ex Parte McLendon · 562 So. 2d 1343 - Gamble v. Gamble · R.W. v. D.W.W. · 563 So. 2d 1049 - Taylor v. Taylor
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.
“"It is . . . well established that a noncustodial parent seeking a change of custody must show not only that he or she is fit to have custody, but that the change would materially promote the child's best interest. Ex parte McLendon , 455 So.2d 863 (Ala. 1984). This requires a showing that the positive good brought about by the modification would more than offset the inherently disruptive effect caused by uprooting the child. McLendon. "”
6 later decisions quote this exact passage“[w]hile the evidence shows that the mother loves the child and has provided her with good care, it also shows that she has chosen to expose the child continuously to a lifestyle that is `neither legal in this state, nor moral in the eyes of most of its citizens.'”
3 later decisions quote this exact passage“"Evidence of `indiscreet' conduct may be considered as a factor in custody modification actions; however, custody will not be modified where the party seeking the change fails to establish a substantial detriment[al] effect on the welfare of the child as a result of the `indiscreet' conduct. Here, the record is devoid of any evidence that tends to show that the mother's activities were in any way detrimental to [the child]. The record is similarly devoid of any evidence tending to show that a change in custody would `materially promote' [the child]'s best interest and welfare. "The father had the burden of showing that the mother's living arrangements had a detrimental effect on the child and that transferring custody to him would `materially promote' the welfare and best interests of the child. This he failed to do. "Where evidence is heard ore tenus by a trial court, the court's findings will not be disturbed unless plainly and palpably wrong. Here, the evidence simply does not warrant a change in custody. We find, therefore, that the trial court erred in transferring custody from the mother to the father."”
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.