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36 Massachusetts opinions name it 3 courts 1988–2026 12 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hunter v. Rosegreen2 sentences2025"In custody matters, the touchstone inquiry [is] . . . what is 'best for the child.'" Hunter v. Rose, 463 Mass. 488, 494 (2012), quoting Custody of Kali, 439 Mass. 834, 840 (2003). 2025"In custody matters, the touchstone inquiry [is] . . . what is 'best for the child.'" Hunter v. Rose, 463 Mass. 488, 494 (2012), quoting Custody of Kali, 439 Mass. 834, 840 (2003). | 10 | 19 |
Custody of Kaligreen2 sentences2025"In custody matters, the touchstone inquiry [is] . . . what is 'best for the child.'" Hunter v. Rose, 463 Mass. 488, 494 (2012), quoting Custody of Kali, 439 Mass. 834, 840 (2003). 2025"In custody matters, the touchstone inquiry [is] . . . what is 'best for the child.'" Hunter v. Rose, 463 Mass. 488, 494 (2012), quoting Custody of Kali, 439 Mass. 834, 840 (2003). | 6 | 14 |
Adoption of Nancygreen2 sentences2010While the “critical inquiry” in custody disputes is a finding of parental unfitness, a determination of the “ ‘best interests of the child’ is the touchstone of the analysis.” Guardianship of Estelle, 70 Mass. App. Ct. 575, 579, 580 (2007), quoting from Adoption of Nancy, 443 Mass. 512, 515 (2005). 2010The tests of parental unfitness and the child’s best interest “are not separate and distinct but cognate and connected.” Id. at 580 , quoting from Petition of the New England Home for Little Wanderers to Dispense with Consent to Adoption, 367 Mass. 631, 641 (1975). | 2 | 2 |
Commonwealth v. Andersongreen2 sentences2009See Commonwealth v. Anderson, 406 Mass. 343, 346 (1989). 2007See Commonwealth v. Anderson, 406 Mass. 343, 346 (1989). | 2 | 2 |
Grubert v. Grubertgreen1 sentence2024See Grubert v. Grubert, 20 Mass. App. Ct. 811, 821-822 (1985) (where uncertainty surrounding husband's income was his own doing, judge was entitled to draw all reasonable inferences against him). | 1 | 1 |
Iamele v. Asselingreen1 sentence2018See Iamele, 444 Mass. at 741 . 11 We agree with the defendant that the video recording shows the plaintiff acting in an aggressive manner, and that the plaintiff's testimony was conflicting at times. | 1 | 1 |
Rosenberg v. Meridagreen1 sentence2012“The determination of which parent will promote a child’s best interests rests within the discretion of the judge . . . [whose] findings . . . ‘must stand unless they are plainly wrong.’ ” Id. at 845 , quoting Rosenberg v. Merida, 428 Mass. 182, 191 (1998). | 1 | 1 |
Blixt v. Blixtgreen1 sentence2012See Blixt v. Blixt, supra at 658 (best interests inquiry relates to child’s “health, safety, or welfare”). | 1 | 1 |
Commonwealth v. Shieldsgreen1 sentence2010“Decisions of [the Supreme Judicial Court] and of the Supreme Court establish that there is ‘no ready test for determining reasonableness other than by balancing the need to search [or seize] against the invasion which the search [or seizure] entails.’ ” Commonwealth v. Nattoo, 452 Mass. 826, 832 (2009), quoting from Commonwealth v. Shields, 402 Mass. 162, 164 (1988). | 1 | 1 |
Commonwealth v. Nattoogreen1 sentence2010“Decisions of [the Supreme Judicial Court] and of the Supreme Court establish that there is ‘no ready test for determining reasonableness other than by balancing the need to search [or seize] against the invasion which the search [or seizure] entails.’ ” Commonwealth v. Nattoo, 452 Mass. 826, 832 (2009), quoting from Commonwealth v. Shields, 402 Mass. 162, 164 (1988). | 1 | 1 |
Guardianship of Estellegreen1 sentence2010While the “critical inquiry” in custody disputes is a finding of parental unfitness, a determination of the “ ‘best interests of the child’ is the touchstone of the analysis.” Guardianship of Estelle, 70 Mass. App. Ct. 575, 579, 580 (2007), quoting from Adoption of Nancy, 443 Mass. 512, 515 (2005). | 1 | 1 |
Commonwealth v. Whitlockgreen1 sentence2010We start our analysis by noting that the omission of a suppression motion that only has a “ ‘minimal chance of success’ does not amount to ineffective assistance of counsel.” Commonwealth v. Whitlock, 74 Mass. App. Ct. 320, 324 (2009), quoting from Commonwealth v. Conceicao, 388 Mass. 255, 264 (1983). 3 Under the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights, “the touchstone of our analysis of police conduct that results in a search or seizure is whether that conduct was reasonable.” Commonwealth v. Watts, 74 Mass. 514, 517 (2009). | 1 | 1 |
Commonwealth v. Conceicaogreen1 sentence2010We start our analysis by noting that the omission of a suppression motion that only has a “ ‘minimal chance of success’ does not amount to ineffective assistance of counsel.” Commonwealth v. Whitlock, 74 Mass. App. Ct. 320, 324 (2009), quoting from Commonwealth v. Conceicao, 388 Mass. 255, 264 (1983). 3 Under the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights, “the touchstone of our analysis of police conduct that results in a search or seizure is whether that conduct was reasonable.” Commonwealth v. Watts, 74 Mass. 514, 517 (2009). | 1 | 1 |
Petition of the New England Home for Little Wanderersgreen1 sentence2010The tests of parental unfitness and the child’s best interest “are not separate and distinct but cognate and connected.” Id. at 580 , quoting from Petition of the New England Home for Little Wanderers to Dispense with Consent to Adoption, 367 Mass. 631, 641 (1975). | 1 | 1 |
Commonwealth v. Gogangreen1 sentence2008There was no abuse of discretion, and thus, no substantial risk of a miscarriage of justice. 5 The touchstone for the principle of judicial impartiality are the words memorialized in art. 29 of the Massachusetts Declaration of Rights, requiring that judges be “as free, impartial and independent as the lot of humanity will admit.” See Commonwealth v. Gogan, 389 Mass. 255, 259 (1983). | 1 | 1 |
Wilkins v. Wilkinsgreen1 sentence2007See, e.g., Adoption of Nancy, supra. An earlier decision went so far as to state that, “[i]n determining whether [a parent is] unfit, the most important consideration is whether the welfare of the child would be served by custody in [the parent] or in a guardian.” Wilkins v. Wilkins, 324 Mass. 261, 262 (1949). | 1 | 1 |
Commonwealth v. Evansgreen1 sentence2004See Commonwealth v. Evans, 439 Mass. 184, 193 (2003) (criticizing defendants’ failure to show that “[a potential defense witness’s] statement to police was so reliable and trustworthy that, although hearsay, its exclusion might offend their constitutional right to present a defense” [emphasis added]); Commonwealth v. Evans, 438 Mass. 142, 156 (2002) (finding no “constitutional right to the admission of unreliable hearsay” [emphasis added]); Commonwealth v. McAfee, 430 Mass. 483 , 491 n.3 (1999). | 1 | 1 |
Commonwealth v. Evansgreen1 sentence2004See Commonwealth v. Evans, 439 Mass. 184, 193 (2003) (criticizing defendants’ failure to show that “[a potential defense witness’s] statement to police was so reliable and trustworthy that, although hearsay, its exclusion might offend their constitutional right to present a defense” [emphasis added]); Commonwealth v. Evans, 438 Mass. 142, 156 (2002) (finding no “constitutional right to the admission of unreliable hearsay” [emphasis added]); Commonwealth v. McAfee, 430 Mass. 483 , 491 n.3 (1999). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smith v. McDonald
green
1 sentence2018The second flaw with the Yannas-Mason framework is that it invites the misperception that the best interests of the child is "the touchstone inquiry" only where there is joint physical custody, Smith, 458 Mass. at 544 , quoting Custody of Kali, 439 Mass. at 840 , and that the "real advantage" to the parent seeking removal is the more important consideration where one parent has sole physical custody. | 1 | 2018–2018 |
Commonwealth v. Eddington
green
2 sentences2018Commonwealth v. Eddington , 71 Mass.App.Ct. 138 , 142-143, 879 N.E.2d 1261 (2008). 2018Commonwealth v. Eddington , 71 Mass.App.Ct. 138 , 142-143, 879 N.E.2d 1261 (2008). | 1 | 2018–2018 |
Schechter v. Schechter
green
1 sentence2017Schechter v. Schechter , 88 Mass. App. Ct. 239 , 245 (2015). 5 "In custody matters, the touchstone inquiry [is] ... what is 'best for the child.' " Hunter v. Rose , 463 Mass. 488 , 494 (2012), quoting from Custody of Kali , 439 Mass. 834 , 840 (2003). | 1 | 2017–2017 |
Wei Jia v. Board of Bar Examiners
green
1 sentence2006Thus, when we review the credentials of those educated abroad, the ABA standards provide a touchstone for the analysis. “[T]here must be a recognizable and significant resemblance between a foreign applicant’s complete legal education and the legal education that generally is provided to a recipient of a juris doctor degree in a law school approved by the ABA.” Wei Jia, supra at 783 . | 1 | 2006–2006 |
Commonwealth v. McAfee
green
1 sentence2004See Commonwealth v. Evans, 439 Mass. 184, 193 (2003) (criticizing defendants’ failure to show that “[a potential defense witness’s] statement to police was so reliable and trustworthy that, although hearsay, its exclusion might offend their constitutional right to present a defense” [emphasis added]); Commonwealth v. Evans, 438 Mass. 142, 156 (2002) (finding no “constitutional right to the admission of unreliable hearsay” [emphasis added]); Commonwealth v. McAfee, 430 Mass. 483 , 491 n.3 (1999). | 1 | 2004–2004 |
Bloom v. City of Worcester
green
2 sentences1999The analysis whether local action is inconsistent with a State statute is analogous to the analysis whether Federal law preempts State action, Bloom v. Worcester, supra at 151 ; the touchstone of the analysis is whether the State Legislature intended to preempt the city’s authority to act. 1999Id. at 155 . | 1 | 1999–1999 |
Markham, etc v. Fay
green
1 sentence1998Id. at 1357 . | 1 | 1998–1998 |
Packaging Industries Group, Inc. v. Cheney
green
1 sentence1988The touchstone of the analysis is “the risk of such harm in light of the party’s chance of success on the merits.” Id. at 617 . | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.