877 So. 2d 607 - Spears v. Wheeler’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"` is a rule of repose, allowing the child, whose welfare is paramount, the valuable benefit of stability and the right to put down into its environment those roots necessary for the child's healthy growth into adolescence and adulthood. The doctrine requires that the party seeking modification prove to the court's satisfaction that material changes affecting the child's welfare since the most recent decree demonstrate that custody should be disturbed to promote the child's best interests. The positive good brought about by the modification must more than offset the inherently disruptive effect caused by uprooting the child.'"”

   2 later decisions quote this exact passage · from the dissent
   e.g. J.A.P. v. L.W.A. · 910 So. 2d 115 - Jap v. Lwa

2. “`acted upon by such other person to the manifest interest and welfare of the child.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. 910 So. 2d 115 - Jap v. Lwa · 877 So. 2d 623 - Jm v. Dv

3. “Where a prior custody judgment exists, a party seeking a change in custody must show[, pursuant to Ex parte McLendon, ] that the change will materially promote the child's best interest and that the benefits of the requested change will more than offset the inherently disruptive effect caused by uprooting the child.”

   1 later decision quote this exact passage
   e.g. 12 So. 3d 1217 - Mb v. Sb