Kendrick v. Shoemake’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As explained in Blair [v. Badenhope, 77 S.W.3d 137 (Tenn.2002) ], the “threshold issue” is whether a material change in circumstances has occurred after the initial custody determination. Id. at 150 . While “[t]here are no hard and fast rules for determining when a child’s circumstances have changed sufficiently to warrant a change of his or her custody,” the following factors have formed a sound basis for determining whether a material change in circumstances has occurred: the change “has occurred after the entry of the order sought to be modified,” the change “is not one that was known or reasonably anticipated when the order was entered,” and the change “is one that affects the child’s well-being in a meaningful way.” Id. (citations omitted).”

   9 later decisions quote this exact passage · from the majority
   e.g. Smith v. Smith · Kellett v. Stuart

2. “[T]he petitioner must prove by a preponderance of the evidence a material change of circumstances affecting the child’s best interest. A material change of circumstance does not require a showing of a substantial risk of harm to the child. A material change of circumstance for purposes of modification of a residential parenting schedule may include, but is not limited to, significant changes in the needs of the child over time, which may include changes relating to age; ... failure to adhere to the parenting plan; or other circumstances making a change in the residential parenting time in the best interest of the child.”

   6 later decisions quote this exact passage · from the majority
   e.g. Patrick Edward Reeder v. Jo Beth (Curtis) Reeder · In re T.C.D.

3. “(1) The love, affection and emotional ties existing between the parents and child; (2) The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver; (3) The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment....; (4) The stability of the family unit of the parents; (5) The mental and physical health of the parents; (6) The home, school and community record of the child; (7) The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children; (8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person....; (9) The character and behavior of any other person who resides in or frequents the home of a parent and such person’s interactions with the child; and (10)Each parent’s past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child.”

   5 later decisions quote this exact passage · from the majority
   e.g. Smith v. Smith · Kellett v. Stuart