Masek v. Masek’s Empirical Analysis
1976
Citation profile
49 state decisions
How this case has been cited
Cited by 49 later decisions — most recently July 2011 · most notably Cookson v. Cookson (1986), Hogge v. Hogge (1982)
49 state decisions
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 Masek v. Masek · Application of Habeck · Huckfeldt v. Huckfeldt · Hershey v. Hershey · Wellnitz v. Wellnitz
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.
“[T]he parent seeking modification of custodial rights has the burden of proving by a preponderance of the evidence that (1) there has been a substantial and material change of circumstances since the decree of divorce was entered, and (2) the welfare and best interests of the children require the modification being sought.”
11 later decisions quote this exact passage · from the majoritye.g. Fossum v. Fossum · In re Grulke“Although the [substantial change in circumstances] rule is based upon pragmatic, practical reasons, ... it should be applied to aid trial courts in carrying out their statutory duty to provide for the best interests of the child, SDCL 30-27-19(1), and should not be allowed to create a mechanistic barrier to frustrate the performance of that duty.”
3 later decisions quote this exact passage · from the majority““In an action for divorce the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same.””
2 later decisions quote this exact passage · from the majoritye.g. Adam v. Adam · Engels v. Engels
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.