Galbraith v. Galbraith’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The primary consideration in custody cases is the welfare of the children. The trial judge is in the best position to determine what is best for the children and unless it clearly appears that he has mistaken or ignored the evidence, this court will not disturb his decision. McFadden v. McFadden, 22 Ariz. 246 , 196 P. 452 ; Bradstreet v. Bradstreet, 34 Ariz. 340 , 271 P. 717 ; Ward v. Ward. [ 88 Ariz. 130 , 353 P.2d 895 ]." Galbraith v. Galbraith, 88 Ariz. 358 , 356 P.2d 1023 (1960).”

   2 later decisions quote this exact passage
   e.g. 3 Ariz. App. 475 - Reardon v. Reardon · 1 Ariz. App. 209 - Bergman v. Bergman

2. ““It is, * * * the rule that as a condition to modification of custodial provisions of the original divorce decree there must be shown a change of circumstances materially affecting the welfare of the children. (Citing case.) In such matters pertaining to custody the best interest of the child is the primary consideration of the court; so where a change of custody is sought, it must be shown that the welfare of the child will be advanced by the change. (Citing cases.) The trial court is in the best position to judge what will be in the best interest of the child and this Court will not disturb that judgment on appeal unless it clearly appears the trial court has abused its discretion. (Citing case.) But if the record shows an abuse of sound judicial discretion this Court will not hesitate to reverse or modify. (Citing cases.)””

   1 later decision quote this exact passage
   e.g. 3 Ariz. App. 274 - Borg v. Borg

3. “"The court may from time to time after entry of final judgment, on petition of either party, amend, revise and alter the portions of the decree which relate to payment of money for the support and maintenance of the wife or the expenses of the proceedings, as may be just, and may amend, change or alter any provision of the judgment respecting the care, custody or maintenance of the children of the parties as circumstances of the parents and welfare of the children require." (Emphasis supplied)”

   1 later decision quote this exact passage
   e.g. In Re Guardianship of Rodgers