Flathers v. Flathers’s Empirical Analysis
1997
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently December 2018 · most notably Searcy v. Seedorff (1999), White v. White (2009)
47 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
Relies on Murphy v. Carron · Guier v. Guier · In the Interest of C. L. M. · In the Interest of K.K.M. · Silver Dollar City, Inc. v. Kitsmiller Construction Co.
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“5. Prior to awarding the appropriate custody arrangement in the best interest of the child, the court shall consider each of the following as follows: (1) Joint physical and joint legal custody to both parents, which shall not be denied solely for the reason that one parent opposes a joint physical and joint legal custody award ...; (2) Joint physical custody with one party granted sole legal custody ...; (3) Joint legal custody with one party granted sole physical custody; (4) Sole custody to either parent; or (5) Third Party custody or visitation: (a) When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, or the welfare of the child requires, and it is in the best interests of the child, then custody ... may be awarded to any other person or persons deemed by the court to be suitable and able to provide an adequate and stable environment for the child.... [[Image here]]”
4 later decisions quote this exact passage“'[A] significant bonding familial custody relationship with third parties can constitute a special or extraordinary reason or circumstance rendering it in a child's best interest to award third-party custody' under [Section] 452.375.5(5)(a)'s 'welfare of the child' prong.”
4 later decisions quote this exact passagee.g. K.M.M. v. K.E.W. · Conoyer v. Kuhl“Prior to awarding the appropriate custody arrangement in the best interest of the child, the court shall consider each of the following as follows: ⅜ ‡ ⅜ ⅜ (5) Third-party custody or visitation: (a) When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, or the wélfare of the child requires, and it is in the best interests of the child, then custody, temporary custody or visitation may be awarded to any other person or persons deemed by the court to be suitable and able to provide an adequate and stable environment for the child. Before the court awards custody, temporary custody or visitation to a third person under this subdivision, the court shall make that person a party to the action; (b) Under the provisions of this subsection, any person may petition the court to intervene as a party in interest at any time as provided by supreme court rule.”
2 later decisions 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.