...y, physical custody, parenting time, and any safety conditions. Apply best-interests principles. This question tests best-interests custody factors, joint legal custody, and safety restrictions. NCBE MEE Subject Matter O...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 402
...h because Parent loves Child and because adoption would be in Child's best interests only if Parent is first found unfit under a proper standard. Discuss whether the court may terminate Parent's parental rights and permi...
Citations: Santosky v. Kramer, 455 U.S. 745 (1982), NCBE MEE Subject Matter Outline, Family Law
...urt finds that adoption by Prospective Adoptive Parents is in Child's best interests but makes no finding about active efforts and hears no qualified expert testimony about likely serious emotional or physical damage fro...
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
...ndmother and that remaining in Grandmother's home would be in Child's best interests. Parent has safe housing, stable employment, and no history of abuse or neglect. The state permits third-party custody only when the le...
Citations: Troxel v. Granville, 530 U.S. 57 (2000), NCBE MEE Subject Matter Outline, Family Law
...'s gender. What is the modern custody rule? The question tests modern best-interests custody standards. NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 402
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 402
...ts, saying he is Child's biological and legal father and that Child's best interests cannot override his parental rights. The state adoption statute permits stepparent adoption without a legal parent's consent if the par...
Citations: NCBE MEE Subject Matter Outline, Family Law, Santosky v. Kramer, 455 U.S. 745 (1982), Troxel v. Granville, 530 U.S. 57 (2000)
...while dating Father. Father attended prenatal appointments, paid half of Mother's medical bills, and told both families he intended to raise the child. Before the birth, Mother moved without telling Father and placed the...
Citations: Lehr v. Robertson, 463 U.S. 248 (1983), Stanley v. Illinois, 405 U.S. 645 (1972), NCBE MEE Subject Matter Outline, Family Law
...ourt may award visitation whenever visitation would be in the child's best interests. Grandparents argue that their relationship is strong and that more time would benefit Child. Parent argues that a fit parent's decisio...
Citations: Troxel v. Granville, 530 U.S. 57 (2000), NCBE MEE Subject Matter Outline, Family Law
...st Perpetuities without wait-and-see or statutory reform. What is the best analysis of the future interest in A's children? The correct answer applies common-law RAP to an age-25 condition. NCBE MEE Subject Matter Outlin...
Citations: NCBE MEE Subject Matter Outline, Common law Rule Against Perpetuities
...e facts, and several irrelevant background details. Which approach is best? The correct answer describes a proper Statement of Facts for an objective memorandum. NCBE MPT preparation materials
Citations: NCBE MPT preparation materials
...rder giving Parent 1 primary physical custody 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...
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
...rior federal office misconduct. Which statement is most accurate? The best answer states the scope and limits of the Article II pardon power. U.S. Const. art. II, sec. 2, Ex parte Garland
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
...ce and objects. The stepparent argues that adoption is in the child's best interests because the stepparent has provided daily care for years. What must the court generally address before granting the adoption over the l...
Citations: NCBE MEE Subject Matter Outline, Family Law, Santosky v. Kramer, 455 U.S. 745 (1982)
...that day. Fiancee signed without counsel and without receiving a list of Fiance's assets. Fifteen years later, Fiance filed for divorce. During the marriage, Fiancee worked without salary in the business for five years...
Citations: Uniform Premarital Agreement Act sections 2, 6, Uniform Premarital and Marital Agreements Act sections 9, 10, NCBE MEE Subject Matter Outline, Family Law
O conveys land "to A for life, then to B's children." At the time of the conveyance, B has one child, C. B is alive. What interest does C have? The correct answer classifies an open class gift with an existing class memb...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...r. C and D objected and sought an injunction and damages. Discuss the interests held by A, C, D, and O, and analyze whether A's conduct constitutes waste or otherwise breaches A's duties as life tenant. This essay tests...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...ths before death, after a serious diagnosis, Pat transferred $800,000 of investment accounts into a revocable trust naming Pat's adult children from a prior marriage as beneficiaries. Pat retained the right to revoke the...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Probate Code sections 2-202, 2-213
...o work, and provides health insurance for Child at an additional cost of $210 per month. Parent 2 also owns a duplex inherited before marriage. One unit is rented to a tenant for $1,400 per month, but Parent 2 argues tha...
Citations: State child-support guideline principles, Uniform family-law principles
...pparent seeks adoption without that parent's consent. Which statement best describes abandonment? The question tests abandonment as a ground affecting adoption and parental rights. NCBE MEE Subject Matter Outline, Family...
Citations: NCBE MEE Subject Matter Outline, Family Law
Prospective adoptive parents argue that adoption is in a child's best interests. A living legal parent objects and has not consented. No court has terminated that parent's rights. Which statement is most accurate? The qu...
Citations: Troxel v. Granville, 530 U.S. 57 (2000), NCBE MEE Subject Matter Outline, Family Law
...d is then entitled to distribution. Absent contrary intent, what rule often determines whether later-born or later-adopted children can join the class? The question tests class closing under the rule of convenience. Comm...
Citations: Common-law class gift principles
...Which statement is most accurate under the Free Exercise Clause? The best answer applies the Free Exercise rule for nonneutral, non-generally applicable laws. U.S. Const. amend. I, Employment Division v. Smith, Church o...
Citations: U.S. Const. amend. I, Employment Division v. Smith, Church of the Lukumi Babalu Aye v. City of Hialeah, Fulton v. City of Philadelphia
...onveys a farm "to Aunt for life, then to Cousin's heirs." At the time of the conveyance, Aunt and Cousin are alive. Cousin has two adult children, but Cousin's will leaves all property to a charity. Cousin dies before Au...
Citations: Common-law future-interest classification principles, Uniform Probate Code heirship principles
...Parent took a private genetic test showing a 99.9 percent probability of parentage and then signed a voluntary acknowledgment of parentage with Mother at a state agency. Spouse did not know about the acknowledgment until...
Citations: Uniform Parentage Act principles, State child-support principles
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