Montana Supreme Court· 8/23/1977
Henderson v. Henderson
Citations
- 568 P.2d 177
- 174 Mont. 1
- 1977 Mont. LEXIS 569
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the term \physical custody\ is not limited to having actual, physical possession of the child, but relates to the custodial rights involved in the care and control of the child
- finding that the term “physical custody” is not limited to having actual, physical possession of the child, but relates to the custodial rights involved in the care and control of the child
- where third party seeks custody right, parent prevails -unless the child has been neglected or abused
- where third party seeks custody right, parent prevails unless the child has been neglected or abused
- aunt who picked up child while child was being cared for by baby-sitter brought suit for guardianship
- child custody granted to a biological parent unless that parent has neglected or abused the child
Source: CourtListener parenthetical corpus (CC0).
Judges: Shea, Hatfield, Haswell, Harrison, Daly
Read full opinion on CourtListenerCited by
42 cases in this archive cite this case; the 20 most cited are listed.
- Moore v. AsenteKentucky Supreme Court· 2003-06-12· cited 469×
- Watkins v. NelsonSupreme Court of New Jersey· 2000-04-06· cited 145×
- Clark v. WadeSupreme Court of Georgia· 2001-02-16· cited 131×
- In Re the Marriage of AllenCourt of Appeals of Washington· 1981-03-19· cited 89×
- McDermott v. DoughertyCourt of Appeals of Maryland· 2005-03-10· cited 83×
- C.R.S. v. T.A.M.Supreme Court of Colorado· 1995-01-30· cited 77×
- Matter of Guardianship of DoneyMontana Supreme Court· 1977-10-14· cited 66×
- In Re GoreMontana Supreme Court· 1977-10-26· cited 53×
- Matter of Guardianship of AschenbrennerMontana Supreme Court· 1979-07-17· cited 52×
- Stuhr v. StuhrNebraska Supreme Court· 1992-03-13· cited 40×
- In Re the Marriage of K.E.V.Montana Supreme Court· 1994-10-25· cited 36×
- In Re Custody of BarokasAppellate Court of Illinois· 1982-09-27· cited 35×
- In Re Custody of C.C.R.S.Colorado Court of Appeals· 1994-05-09· cited 32×
- Khalid v. SessionsSecond Circuit· 2018-09-13· cited 28×
- Girard v. WilliamsMontana Supreme Court· 1998-09-15· cited 27×
- Webb v. CharlesCourt of Appeals of Arizona· 1980-03-11· cited 27×
- Erger v. AskrenMontana Supreme Court· 1996-06-20· cited 24×
- Pierce v. PierceMontana Supreme Court· 1982-05-20· cited 23×
- In Re Declaring FishMontana Supreme Court· 1977-09-27· cited 20×
- In re M. G. M.Montana Supreme Court· 1982-12-09· cited 19×
Cites
4 cases in this archive are cited by this case.
- Burge v. City & County of San FranciscoCalifornia Supreme Court· 1953-10-20· cited 43×
- Bourquin v. BourquinMontana Supreme Court· 1930-07-19· cited 35×
- August v. BurnsMontana Supreme Court· 1927-04-21· cited 23×
- Division of Child Welfare Services Department of Public Welfare v. FisherMontana Supreme Court· 1976-02-05· cited 16×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.