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← 82 A.D.2d 191 - Daghir v. Daghir

Daghir v. Daghir’s Empirical Analysis

1981

Citation profile

8
cited by 8 later decisions
4
states following
March 1998
most recently cited

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “That is not to suggest, of course, that a custodial parent must scrupulously avoid all conduct which may in any way affect, no matter how slightly, the other parent’s right of visitation. Custodial parents have rights as well. Among them is the right to remarry, and we recognize that the obligations of a new marriage may legitimately, if rarely, require even "a dramatic change of locale.” (Weiss v. Weiss, supra, p. 177, 436 N.Y.S.2d 862 , 418 N.E.2d 377 ). The decision to bear children, however, entails serious obligations and among them is the duty to protect the child’s relationship with both parents even in the event of a divorce. Hence, a custodial parent may be properly called upon to make certain sacrifices to ensure the right of the child to the benefits of visitation with the noncustodial parent. The search, therefore, is for a reasonable accommodation of the rights and needs of all concerned, with appropriate consideration given to the good faith of the parties in respecting each other’s parental rights. [Id., at 496].”
    1 later decision quote this exact passage · from the concurrence
  2. “On balance, therefore, we conclude that the Family Court’s determination unreasonably and unjustifiably interferes with Khalil’s right to meaningful visitation and is contrary to the children’s essential best interests. Because moving the children to France is not required by any compelling financial, educational, employment or health considerations, and because it would significantly curtail the frequency, and therefore the quality, of what was regular and welcomed visitation, the order appealed from should be reversed. (See Matter of Whittemore v. Whittemore, 202 Misc. 175 , 109 N.Y.S.2d 216 .) Khalil’s motion should be granted insofar as it seeks to modify the divorce judgment by adding a provision prohibiting the removal of the children from New York State for purposes of residing elsewhere, without his written consent, and insofar as it seeks a temporary transfer of custody, for so long as Frances shall reside outside of New York State. [Id., at 497].”
    1 later decision quote this exact passage · from the concurrence

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.