Smith v. Smith’s Empirical Analysis
1961
Citation profile
49 state decisions
How this case has been cited
Cited by 49 later decisions — most recently December 2020 · most notably Felton v. Felton (1981), Dunbar v. Dunbar (1967)
49 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Cantwell v. State of Connecticut · West Virginia State Board of Education v. Barnette · Minersville School District v. Gobitis · Miller v. E. I. duPont de Nemours & Co. · 144 W. Va. 478 - Bond v. Bond
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““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““. . . it has been the uniform judgment of every court reaching the question that if a teaching does not conflict with the fundamental law of the land a parent may not be deprived of the custody of a child because of the court’s disagreement with such parent as to religious beliefs.””
1 later decision quote this exact passagee.g. Mollish v. Mollish““Patently, the determination of fitness was predicated on appellant’s religious beliefs, for in the end the court put appellant to the compulsion of foregoing her beliefs or suffering the loss of her child.” Smith v. Smith, supra, 90 Ariz. page 193, 367 P.2d page 233.”
1 later decision quote this exact passage
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.