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Use of State Rulings

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Mistoffolees posted a response in a thread and it had me wondering.

When in court how much weight does a state circuit or appeals court judge put on a case from another state?

Say that guy in California wanted to try and receive visitation with the child he had began a relationship, retrieved a lawyer and used these examples in their case, how would the judge look at these cases?

 


LdiJ

Senior Member
Mistoffolees posted a response in a thread and it had me wondering.

When in court how much weight does a state circuit or appeals court judge put on a case from another state?

Say that guy in California wanted to try and receive visitation with the child he had began a relationship, retrieved a lawyer and used these examples in their case, how would the judge look at these cases?
Very rarely would a judge give much weight to case law from another state. Most of the time when that happens is when it addresses federal constitutional issues that have not been addressed in the state with jurisdiction.

Also, state law varies, and what may be acceptable under one state's constitution/statutes may not be acceptable under another's.
 
With regard to novel legal issues, courts routinely review cases from other jurisdictions for their reasoning, and often make their rulings based upon such cases.

However, with regard to child custody/visitation matters, I can't see a judge looking for guidance from other jurisdictions, as the law regarding issues in those types of cases is likely well settled in the forum state.
 

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