Child lived in State A with both parents for three years. One parent took Child to State B and filed for custody there two weeks later. No prior custody order exists. Under the UCCJEA, which state generally has priority...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act section 201
Child lived in State A with both parents from birth until age seven. After Parent 1 alleged that Parent 2 had shoved Parent 1 while Child was nearby and had threatened to take Child's passport, Parent 1 took Child to Sta...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act sections 201, 204, 208, NCBE MEE Subject Matter Outline, Family Law
Child lived with Parent and Grandmother until Parent entered a 14-month military deployment. During the deployment, Parent signed a temporary guardianship allowing Grandmother to care for Child. Parent sent money monthly...
Citations: Troxel v. Granville, 530 U.S. 57 (2000), NCBE MEE Subject Matter Outline, Family Law
A grandparent seeks custody of a child over the objection of the child's fit legal parent. The grandparent has a close relationship with the child, but the parent has safe housing and no abuse or neglect history. Which s...
Citations: Troxel v. Granville, 530 U.S. 57 (2000)
...custody order in State B after the other parent refuses to return the child from a scheduled visit. The refusing parent asks State B to modify custody immediately. Which statement is most accurate? The question tests enf...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act articles 2 and 3, Parental Kidnapping Prevention Act, 28 U.S.C. 1738A
Child is eligible for membership in Tribe and Child's biological father is an enrolled tribal member. Mother placed Child with Prospective Adoptive Parents through a private agency. The agency knew of Father's tribal mem...
Citations: Indian Child Welfare Act, 25 U.S.C. sections 1901-1963, Haaland v. Brackeen, 599 U.S. 255 (2023), NCBE MEE Subject Matter Outline, Family Law
Mother and Father divorced when Child was two. The decree gave Mother sole legal and physical custody and gave Father supervised visitation. Father visited twice in the first year, then stopped visiting for three years...
Citations: NCBE MEE Subject Matter Outline, Family Law, Santosky v. Kramer, 455 U.S. 745 (1982), Troxel v. Granville, 530 U.S. 57 (2000)
...nt legal custody and primary physical custody of their eight-year-old child. Parent A has handled school communication, medical appointments, and daily homework for the past four years. Parent B coaches Child's soccer te...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 402
The parent with primary physical custody seeks to move with Child 900 miles away for a new job. The other parent objects and asks that the current parenting schedule remain in place. How should the court generally analyz...
Citations: NCBE MEE Subject Matter Outline, Family Law
Two fit parents both seek primary physical custody of a young child. One parent argues that custody must be awarded based on the parent's gender. What is the modern custody rule? The question tests modern best-interests...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 402
...nt A primary physical custody and both parents joint legal custody of Child. Parent B had alternating weekends and weekly video calls. Two years later, Parent A moved with Child to State D for a higher-paying job after g...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act sections 202, 203, 207, NCBE MEE Subject Matter Outline, Family Law
A child is brought to State B after a credible threat of abuse in State A. State A is the child's home state. The child is physically present in State B when a parent asks for protective custody. Which statement best des...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act section 204
...stody and Parent 2 four weeks of summer parenting time. Parent 2 took Child to State H for the summer visit but refused to return Child at the end of the four weeks, claiming that Child preferred State H and that Parent...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act articles 2 and 3, Parental Kidnapping Prevention Act, 28 U.S.C. 1738A, NCBE MEE Subject Matter Outline, Family Law
...y threatened and assaulted the parent during parenting exchanges. The child was present for some incidents but was not physically struck. How should the court treat the evidence? The question tests treatment of domestic...
Citations: NCBE MEE Subject Matter Outline, Family Law
...g to live primarily with one parent. The other parent argues that the child's preference should be ignored entirely. Which statement is most accurate? The question tests the role of a child's preference in custody decisi...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 402
A parent asks to change a final custody order entered two years ago. The other parent objects, arguing that the existing order should remain stable. What is the usual threshold for modification? The question tests the ba...
Citations: NCBE MEE Subject Matter Outline, Family Law
...d make major medical and school decisions and how many overnights the child should spend in each home. Which statement best distinguishes legal custody from physical custody? The question tests the distinction between le...
Citations: NCBE MEE Subject Matter Outline, Family Law
...ical father objects to an infant's adoption. He did not live with the child, but he paid prenatal expenses, filed promptly to establish paternity, and sought custody immediately after learning of the proposed adoption. W...
Citations: Lehr v. Robertson, 463 U.S. 248 (1983), Stanley v. Illinois, 405 U.S. 645 (1972)
Child has lived with foster parents for one year. The foster parents want to become Child's legal parents, but the biological parents' rights have not been terminated and no adoption petition has been granted. Which stat...
Citations: NCBE MEE Subject Matter Outline, Family Law
Child was removed from Parent's care after Parent left Child unattended overnight and Child was found wandering outside. The court adjudicated Child neglected and ordered a reunification plan requiring Parent to complete...
Citations: Santosky v. Kramer, 455 U.S. 745 (1982), NCBE MEE Subject Matter Outline, Family Law
...trust provides income to Parent for life, then principal to Parent's children. Parent has two children when Parent dies, and one child is then entitled to distribution. Absent contrary intent, what rule often determines...
Citations: Common-law class gift principles
Detectives read Miranda warnings to a suspect in custody. The suspect said he understood each warning but refused to sign the waiver form. The detectives asked questions, and the suspect answered voluntarily for 20 minut...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Berghuis v. Thompkins, Miranda v. Arizona
...o City Bank "as trustee to invest and distribute income equally to my children, Lina and Omar, for 10 years, then distribute principal equally to them." City Bank signed a receipt but later declined to serve before makin...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 402 and 704
Harold died intestate and unmarried. He had three children: Abe, Bea, and Cora. Abe survived Harold. Bea died before Harold, leaving two children, Cal and Dia. Cora died before Harold, leaving one child, Eve. The state d...
Citations: Uniform Probate Code representation principles
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