934 So. 2d 69 - Barry v. McDaniel’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “House Concurrent Resolution No. 68 of the 2001 Regular Session provides: WHEREAS, the United States Supreme Court has ruled in the case of Troxel v. Granville, 530 U.S. 57 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), that a Washington state statute, which provided for visitation rights of children, violated certain constitutional rights of parents; and WHEREAS, Louisiana has several laws regarding the visitation rights of children, including Civil Code Article 136, Children’s Code Article 1264, and R.S. 9:344; and WHEREAS, while the. United States Supreme Court rested its decision on the sweeping breadth of the Washington state statute, the court emphasized that one of the oldest of the fundamental interests recognized by the court was the right of parents, whose fitness has not been questioned and who are presumed to act in the best interests of their children, to make decisions concerning the care, custody, and control of their children without the state injecting itself into the private realm of the family. THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that the Persons Committee of the Louisiana State Law Institute study the effect of the United States Supreme Court case of Troxel v. Granville on Louisiana laws relative to child visitation and to make specific recommendations for- revisions to state laws to ensure that state laws are not contrary to the fundamental rights of parents to make decisions concerning the care, custody, and control of their children. BE ”

   1 later decision quote this exact passage · from the concurrence
   e.g. 189 So. 3d 503 - McGovern v. McGovern

2. “1 ifjln Babin v. Babin, 2002-0396 (La.App. 1st Cir.7/30/03), 854 So.2d 403, 410-411 , writ denied, 2003-2460 (La.9/24/03), 854 So.2d 338 , cert. denied sub nom., Babin v. Darce, 540 U.S. 1182 , 124 S.Ct. 1421 , 158 L.Ed.2d 86 (2004), and in Wood [v. Wood], 835 So.2d [568] at 573 [ (La.App. 1 Cir.2002) ], this court noted that a proper interpretation of La. R.S. 9:344 requires the trial court to balance the statute against a fit parent’s constitutionally protected fundamental right of privacy in child rearing and to remember that any rights of nonparents are ancillary to that of a fit parent. Further, the nonparent has the burden of proving visitation or a modification of visitation would be “reasonable” and in the “best interest” of the child as is required by the statute. Wood, 835 So.2d at 573, 574; Babin, 854 So.2d at 410 . In considering the best interest of the child, 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. Wood, 835 So.2d at 573; Babin , 854 So.2d at 410—411. Visitation that unduly burdens parental rights would be unconstitutional, regardless of the provisions of statutory law. Wood, 835 So.2d at 573; Babin, 854 So.2d at 411 .”

   1 later decision quote this exact passage
   e.g. 117 So. 3d 517 - Rogers v. Pastureau

3. “[T]he Troxel court placed particular emphasis upon parents’ constitutionally protected fundamental right to make de cisions concerning their children, the presumption that parents act in the best interest of their children, and the failure of Washington statute, or court to give some “material” or “special” weight to the parents’ own determination on the issue of visitation.”

   1 later decision quote this exact passage
   e.g. 62 So. 3d 829 - Burst v. SCHMOLKE