817 So. 2d 371 - In Re Fleming’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. The consent of the parent as required by Article 1193 may be dispensed with upon proof by clear and convincing evidence of the required elements of either Paragraph B or C of this Article at the hearing on the opposition and petition. B. When a petitioner authorized by Article 1243 has been granted custody of the child by a court of competent jurisdiction and any one of the following conditions exists: (1) The parent has refused or failed to comply with a court order of support without just cause for a period of at least six months. (2) The parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months. C. When the spouse of a stepparent petitioner has been granted sole or joint custody of the child by a court of competent jurisdiction or is otherwise exercising lawful custody of the child and any one of the following conditions exists: (1) The other parent has refused or failed to comply with a court order of support without just cause for a period of at least six months. (2) The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.”

   3 later decisions quote this exact passage
   e.g. 884 So. 2d 678 - In Re JAB · 972 So. 2d 479 - In Re VAH

2. “Unless rights have been terminated in accordance with Title X or XI, consent to the adoption of a child or relinquishment of parental rights shall be required of the following: (1) The mother of the child. (2) The father of the child, regardless of the child’s actual paternity, if any of the following apply: (a) The child is a child born of the marriage in accordance with the Louisiana Civil Code or its legal equivalent in another state. (b) The father is presumed to be the father of the child in accordance with the Louisiana Civil Code or its legal equivalent in another state. (3) The alleged father of the child who has established his parental rights in accordance with Chapter 10 of Title XI. |b(4) The biological father of the child whose paternity has been determined by a judgment of filiation and who has established his parental rights in accordance with Chapter 10 of Title XI. (5) The custodial agency which has placed the child for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interest of the child and there is a finding that the agency has unreasonably withheld its consent.”

   1 later decision quote this exact passage
   e.g. 56 So. 3d 418 - In re Mulvihill

3. “There is no set rule resolving the question of whether incarceration is justification for non-support. Facts and circumstances vary. Each case is decided upon its particular merits.”

   1 later decision quote this exact passage
   e.g. 916 So. 2d 1206 - In Re State Ex Rel. DCP