Dotsch v. Grimes’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are here confronted with another case wherein the Ohio and California courts found both parents fit to have custody of the child and did award physical custody to both parents during specified periods of each calendar year. In the case of Kelly v. Kelly, ante, p. 408 [ 171 P.2d 95 ], this day decided, we had before us a similar situation so far as the fitness of both parents is concerned. In the case just cited we held that the so-called ‘changed circumstances’ rule was never intended to nor can it impair the inherent and statutory power of the court to make such orders relative to the custody of children ‘as may seem necessary or proper’ and to ‘at any time modify or vacate the same.’ (Civ. Code, § 138, subd. 2.) If, as it has been repeatedly held, the welfare and best interest of the child are the paramount concern of the court, then what governs is not the rule of ‘changed circumstances,’ but what at the time of the hearing is, in the sound discretion of the court, for the child’s welfare. While, as stated by this court in Kelly v. Kelly, supra, the court may not be held to have abused its discretion in refusing to modify or change the custody unless there is a showing of ‘changed circumstances,’ such a showing is not an essential prerequisite to the making of such modification if, in the exercise of its broad and sound discretion, the court, under the facts before it, determines that the best interests of the child would be conserved by modifying the previous order.””

   3 later decisions quote this exact passage
   e.g. Dees v. McKenna · Moser v. Moser