856 So. 2d 36 - Mimms v. Brown’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, in instances were the original custody decree is a [stipulated judgment], such as when the parties consent to a custodial arrangement, and no evidence of parental fitness is taken, the heavy burden of proof enunciated in Bergeron is inapplicable. Hensgens, 653 So.2d at 52. Instead, where the original custody decree is a [stipulated judgment], the party seeking modification must prove (1) that there has been a material change of circumstances since the original custody decree was entered, and (2) that the proposed modification is in the best interest of the child. Hensgens, 653 So.2d at 52.”

   1 later decision quote this exact passage
   e.g. 986 So. 2d 915 - Baudin v. Prevost

2. “decree of permanent custody, that the party seeking change bears a heavy burden of proving that continuation of present custody is so deleterious to the child as to justify modification of the custody decree, or of proving by clear and convincing evidence that the harm likely to be caused by a change of environment is substantially outweighed by its advantages to the child. A”

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

3. “is entitled to great weight and will not be disturbed absent a clear showing of abuse of discretion.”

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