Coots v. Leonard’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• Texas is the home state of the child as of the date suit is commenced or had been the child’s home state within six months of filing, the child was removed by a person claiming custody and a parent or person acting as a parent continues to live in Texas; • It appears that no other state would have home state jurisdiction and it is in the best interest of the child that Texas assume jurisdiction because the child and at least one contestant have a significant connection with Texas other than mere physical presence, and there is available substantial evidence concerning the child’s present or future care, protection, training, and personal relationships; • The child is present in Texas and has been abandoned or it is necessary to protect the child in an emergency because the child has been subjected to or threatened with abuse or is otherwise neglected or there is a serious and immediate question concerning the welfare of the child; [or] • It is in the best interest of the child that Texas assume jurisdiction and it appears that no other state would have jurisdiction under the first three prongs or another state has declined to exercise jurisdiction on the ground that Texas is the more appropriate forum.”

   1 later decision quote this exact passage
   e.g. Allison v. Allison

2. “[bjecause these two provisions [home state and significant connection jurisdiction] are of equal rank under the UCCJA, the priority to decide the issue of custody between two states with concurrent jurisdiction is determined by the first filing. Unfortunately the uniform act does not conform to the preemptive federal act on the subject — the Parental Kidnapping Prevention Act of 1980 (PKPA) 28 U.S.C.A. § 1738A, which accords 'home state’ priority for full faith and credit recognition. The Texas version of the UCCJA conforms to the PKPA; the home state is preferred and is superior to a 'significant connection' state. Only if a home state does not exist or declines jurisdiction will the significant connection ground prevail.”

   1 later decision quote this exact passage
   e.g. In the Interest of E.K.N.

3. “[A] court of this state has jurisdiction to make an initial child custody determination only if: (2) a court of another state does not have jurisdiction under Subdivision (1) ... and: (A) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships.”

   1 later decision quote this exact passage
   e.g. In Re Oates