887 So. 2d 257 - Smith v. Smith’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'.... " 'In Graham v. Graham , 640 So.2d 963 , 964 (Ala. Civ. App. 1994), this court wrote: " ' "In an action between parents seeking an initial award of custody, the parties stand on equal footing and no presumption inures to either parent. Hall v. Hall , 571 So.2d 1176 (Ala. Civ. App. 1990). The trial court's overriding consideration is the children's best interests and welfare. Santmier v. Santmier , 494 So.2d 95 (Ala. Civ. App. 1986). The factors that enter into the court's custody determination include the child's age and sex and each parent's ability to provide for the child's educational, material, moral, and social needs. Tims v. Tims , 519 So.2d 558 (Ala. Civ. App. 1987). Likewise, it is proper for the court to consider the 'characteristics of those seeking custody, including age, character, stability, mental and physical health ... [and] the interpersonal relationship between each child and each parent.' Ex parte Devine , 398 So.2d 686 , 696-97 (Ala. 1981).”

   9 later decisions quote this exact passage
   e.g. Hyche v. Hyche · Parker v. Parker

2. ““(a) The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interest of the child. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors: “(1) The agreement or lack of agreement of the parents on joint custody. “(2) The past and present ability of the parents to cooperate with each other and make decisions jointly. “(3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent, “(4) Any history of or potential for child abuse, spouse abuse, or kidnapping. “(5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody. “(b) The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.””

   3 later decisions quote this exact passage
   e.g. Bentley v. Bentley · Hyche v. Hyche

3. “"[T]here is but one way to interpret a judgment that awards 'joint custody' with an award of 'primary physical custody' to one parent-such a judgment must be interpreted as awarding the parents joint legal custody and awarding one parent sole physical custody, the term used by [ § 30-3-151, Ala. Code 1975,] to denote a parent being favored with the right of custody over the other parent, who will receive visitation."”

   2 later decisions quote this exact passage
   e.g. Whitehead v. Whitehead · Young v. Corrigan