Shoemaker v. Shoemaker’s Empirical Analysis

Citation profile

18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The wishes of the child’s parents as to his [or her] custody; (2) The wishes of a child as to his [or her] custodian; (3) The interaction and interrelationship of the child with his [or her] parents, his [or her] siblings, and any other person who may significantly affect the child’s best interests; (4) The child’s adjustment to his [or her] home, school, and community; (5) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved; (6) The needs of the child for a continuing relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child; (7) The intention of either parent to relocate his residence outside the state; and (8) Which parent is more likely to allow the child frequent and meaningful contact with the other parent.”

   1 later decision quote this exact passage
   e.g. Armstrong v. Armstrong

2. “In matters pertaining to visitation rights, this court gives deference to the trial court’s assessment of what serves the best interests of the child and that judgment should be reversed only if it lacks substantial evidence to support it, it is against the weight of the evidence or erroneously declares or applies the law ... Furthermore, in child custody and visitation cases, courts are reluctant to impose the harsh sanction of contempt upon a parent absent a finding that disobedience of a court order is willful and intentional. Shoemaker v. Shoemaker, 812 S.W.2d 250, 253 (Mo.App.1991) (citations omitted).”

   1 later decision quote this exact passage
   e.g. Warren v. Warren

3. “3. The court shall mandate compliance with its order by both the custodial parent and the child. In the event of noncompliance, the noncustodial parent may file a motion for contempt. Upon a finding by the court that its order for visitation has not been complied with, without good cause, the court shall define the noncustodial parent’s visitation in detail and shall exercise its discretion in providing a remedy,....”

   1 later decision quote this exact passage
   e.g. S.G. v. V.G.