924 So. 2d 430 - Stracener v. Joubert’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Considering the tender age of the child, and the facts in the record of this case, we do not find such extensive grandparent visitation to be reasonable. This is especially true considering the recent jurisprudence underlining “the interest of parents in the care, custody, and control of their children,” as explained in Troxel v. Granville, 530 U.S. 57, 65 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), and its progeny. In recognizing this paramount right of a parent', we quote approvingly from Wood v. Wood, 02-0860, p. 8 (La.App. 1 Cir. 9/27/02), 835 So.2d 568, 573 , writ denied, 02-2514 (La.3/28/03), 840 So.2d 565 , wherein the first circuit, considering visitation of a nonparent, and discussing Troxel , expressly recognized “a fit parent’s constitutionally protected fundamental right of privacy in child 114rearing,” and opined that a trial judge must “remember that any rights of non-parents are ancillary to that of a fit parent.” The appellate court cautioned that “the trial court must be aware that as nonparent visitation increases, the infringement and burden on the parent’s fundamental right of privacy in child rearing increases proportionally” and that “[v]isitation that unduly burdens parental rights would be unconstitutional, regardless of the provisions of statutory law.” Id. at 573 (citing Reinhardt v. Reinhardt, 97-1889, p. 5 (La.App. 1 Cir. 9/25/98), 720 So.2d 78, 80 ,) writ denied, 98-2697 (La.12/18/98), 734 So.2d 635 , cert. denied, 526 U.S. 1114 , 119 S.Ct. 1761 , 1”

   1 later decision quote this exact passage
   e.g. 194 So. 3d 1214 - Beebe v. Delcambre

2. “| ,-,A. A parent not granted custody or joint custody of a child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child. B. Under extraordinary circumstances, a relative, by blood or affinity, or a former stepparent or stepgrandpar-ent, not granted custody of the child may be granted reasonable visitation rights if the court finds that it is in the best interest of the child. In determining the best interest of the child, the court shall consider: (1) The length and quality of the prior relationship between the child and the relative. (2) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the relative. (3) The preference of the child if he is determined to be of sufficient maturity to express a preference. (4) The willingness of the relative to encourage a close relationship between the child and his parent or parents. (5) The mental and physical health of the child and the relative. C. In the event of a conflict between this Article and R.S. 9:344 or 345, the provisions of the statute shall supersede those of this Article.”

   1 later decision quote this exact passage
   e.g. 6 So. 3d 414 - McMillin v. McMillin

3. “the parties [did] not dispute that the death of the father [was] an extraordinary circumstance thereby triggering the provisions of the article.”

   1 later decision quote this exact passage
   e.g. 985 So. 2d 859 - Fontenot v. Granger