947 So. 2d 416 - Toler v. Toler’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In proceedings under this article unless there has been a determination that the party objecting to the change of the principal residence of the child has been found to have committed domestic violence or child abuse, there shall be a rebuttable presumption that a change of principal residence of a child is not in the best interest of the child. The party-seeking a change of principal residence of a child shall have the initial burden of proof on the issue. If that burden of proof is met, the burden of proof shifts to the non-relocating party.””

   2 later decisions quote this exact passage · from the majority
   e.g. Larue v. Patterson · Knight v. Knight

2. “" Ex parte McLendon was decided by our Supreme Court in 1984. The Act was adopted in 2004. As such, the Act reflects a legislative policy choice to supplant the so-called McLendon presumption in specific types of cases. "The legislature expressly states in the Act that the Act `promotes the general philosophy in this state that children need both parents, even after a divorce.' See § 30-3-160 (emphasis added). Toward this end, the Act adopts a new presumption and new rules of decision, including those in §§ 30-3-169.3 and 30-3-169.4, obviously intended to discourage unnecessary relocations by custodial parents that would make the maintenance of relationships between a child and both of his or her parents less likely or less fully realized. "In contrast to the view indicated in Clements , I believe there are differences in approach between the McLendon presumption and the presumption and rules of decision specified in the Act for cases in which the primary custodial parent seeks to relocate. Indeed, if the legislature did not intend to alter the presumption and rules of decision in such cases, I see no reason for it to have adopted the Act. See, e.g., Ex parte Ted's Game Enters., 893 So.2d 376, 384 (Ala.2004) (the legislature is presumed not to have done a vain and useless thing). "The ultimate objective in any custody case is to determine what custodial placement would be in the `best interests' of the child. It was only toward that end that the McLendon standard was formulat”

   1 later decision quote this exact passage · from the concurrence
   e.g. Wills v. Philbrook

3. “"In proceedings under this article ..., there shall be a rebuttable presumption that a change of principal residence of a child is not in the best interest of the child. The party seeking a change of principal residence of a child shall have the initial burden of proof on the issue. If that burden of proof is met, the burden of proof shifts to the non-relocating party.””

   1 later decision quote this exact passage · from the concurrence
   e.g. 65 So. 3d 421 - Pepper v. Pepper