Olinghouse v. Olinghouse’s Empirical Analysis
1995
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently April 2015
14 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
Applies 12 U.S.C. § 1901
Relies on Commonwealth Ex Rel. Children's Aid Society v. Gard · Dyke v. Saint Francis Hospital, Inc. · Mueggenborg v. Walling · Peters v. Golden Oil Co. · First Federal Savings & Loan Ass'n, Chickasha, Oklahoma v. Nath
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Since the trial judge has a better opportunity to observe the parties and-witnesses, he is in a better position to know what is best for the child than is this court from a review of the record,'and his finding will not be disturbed unless it is clearly against the weight of the evidence or is contrary to law; (b) there are three rights or interests that are to be given consideration in the following order of importance (1) that of the child, (2) that of the parent, and (3) that of those who have for years discharged all the obligations of parents; (c) when asked to take the custody from those who have for a considerable period of time nurtured and cared for the child and to restore it to the parent, it is proper for the courts to consider the ties of love and confidence that have grown up between the child and its foster parents and whether it is best for the child not to disturb that relationship; (d) children are not, like chattels, subject to an irrevocable gift, barter or sale, though the fact that a parent has relinquished custody of his child to others should be given due consideration; (e) unless the welfare of the child requires it, a parent will not ordinarily be denied its custody unless the parent is shown to be unfit to have its custody; (f) each such case must be determined upon its own peculiar facts and circumstances.”
2 later decisions quote this exact passagee.g. In Re NLW · Simpson v. Walters“Every fact not disputed by the record must be regarded as supportive of the trial court's ruling.”
2 later decisions quote this exact passage“A. Custody should be awarded or a guardian appointed in the following order of preference according to the best interests of the child to: 1.a parent or to both parents jointly except as otherwise provided in subsection B of this section; 2. a grandparent; 3. a person who was indicated by the wishes of a deceased parent; 4. a relative of either parent; 5. the person in whose home the child has been living in a wholesome and stable environment; or . . 6. any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.”
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.