Wilkins v. Ferguson’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining the care and custody of a child, the best interest of the child shall be the primary consideration. To determine the best interest of the child, the court shall consider all relevant factors, including, but not limited to: (A) the wishes of the child as to his or her custodian, where practicable; (B) the wishes of the child’s parent or parents as to the child’s custody; (C) the interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may emotionally or psychologically affect the child's best interest; (D) the child's adjustment to his or her home, school, and community; (E) the mental and physical health of all individuals involved; (F) evidence of an intrafamily offense as defined in section 16-1001(5) [now § 16-1001(8)]; (G) the capacity of the parents to communicate and reach shared decisions affecting the child's welfare; (H) the willingness of the parents to share custody; (I) the prior involvement of each parent in the child's life; to the potential disruption of the child’s social and school life; (K) the geographic proximity of the parental homes as this relates to the practical considerations of the child’s residential schedule; (L) the demands of parental employment; (M) the age and number of children; (N) the sincerity of each parent's request; (O) the parent's ability to financially support a joint custody arrangement; (P) the impact on Temporary Assistance for Needy Families, or”

   2 later decisions quote this exact passage
   e.g. Jordan v. Jordan · Pf v. Nc

2. “[I]f the judicial officer finds by a preponderance of evidence that a contestant for custody has committed an intrafamily offense, any determination that custody or visitation is to be granted to the abusive parent shall be supported by a written statement by the judicial officer specifying factors and findings which support that determination. In determining visitation arrangements, if the judicial officer finds that an intrafamily offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party. The party found to have committed an intra-family offense has the burden of proving that visitation will not endanger the child or significantly impair the child’s emotional development.”

   2 later decisions quote this exact passage
   e.g. Jordan v. Jordan · Pf v. Nc

3. “In any proceeding between parents in which the custody of a child is raised as an issue, the best interest of the child shall be the primary consideration.... The Court shall make a determination as to the legal custody and the physical custody of a child. A custody order may include: (i) sole legal custody; (ii) sole physical custody; (iii) joint legal custody; (iv) joint physical custody; or (v) any other custody arrangement the Court may determine is in the best interest of the child.”

   1 later decision quote this exact passage
   e.g. Frederick Renee Ruffin v. Antoine Maurice Roberts