Foster v. Foster’s Empirical Analysis

1937

Citation profile

240

cited by 240 later decisions

states following

February 2018

most recently cited

238 state decisions

How this case has been cited

Cited by 240 later decisions — most recently February 2018 · most notably Sampsell v. Superior Court (1948), 42 Cal. 3d 531 - Burchard v. Garay (1986)

238 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 Crater v. Crater · Titcomb v. Superior Court of Santa Clara Cty. · 22 Cal. App. 448 - Simmons v. Simmons · 95 Cal. App. 594 - Olson v. Olson · 127 Cal. App. 231 - Warren v. Warren

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

““ ‘This same rule that former decrees of custody may be modified only upon a showing of change of circumstances arising”
3 later decisions quote this exact passage
e.g. 119 Cal. App. 2d 768 - Beabout v. Beam · 82 Cal. App. 2d 359 - In Re Bauman
“"We do not wish to be understood as holding that `the change of circumstance' rule is an absolutely ironclad rule, and that there can be no possible exception to it. It is perhaps possible to conceive of a case in which, despite the fact that there was apparently no change of circumstances, nevertheless, the welfare of the child might require that the previous order of custody be changed. * * * It is also possible to conceive of some theoretical case in which some fact, secret and hidden at the time of the entry of the former judgment, would in the interest of the welfare of the child, justify a court in modifying the former order of custody despite the fact that there had been no actual change of circumstances since the entry of the former order."”
2 later decisions quote this exact passage
e.g. In Re Burns, for a Writ of Habeas Corpus · 167 Cal. App. 2d 555 - Edwards v. Palleschi
““In deciding a matter so vital to the parents and to the welfare of the child, it is important that the trial court in order to make as wise a decision as possible, should have as complete a picture of the whole background of the child as possible,— the financial condition of the parents, their interests, their morals, and their dispositions, as well as any other factor which might aid the court in determining the probabilities of either parent furnishing a happy, harmonious home for the child.””
2 later decisions quote this exact passage
e.g. Guardianship of Coughlin · Hue v. Pickford

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.