NBTA Family Trial cheat sheet

Burden of proof: preponderance of the evidence governs most family-law issues (custody, property division, dissolution grounds); clear and convincing evidence is required for termination of parental rights and, in many jurisdictions, for rebutting the presumption of legitimacy.

Best-interests-of-the-child factors typically include stability and continuity of care, each parent's caregiving capacity, the child's adjustment to home/school/community, physical and emotional safety, and, where age-appropriate, the child's preference.

UCCJEA home-state rule: initial custody jurisdiction lies where the child lived for the six consecutive months immediately before the proceeding; a later-filed home-state proceeding generally takes priority over a simultaneous non-home-state filing.

UIFSA continuing exclusive jurisdiction: the issuing state retains jurisdiction to modify its support order unless neither party nor the child resides there, or the parties consent in writing to another state's jurisdiction.

Marital property vs. separate property: property acquired during the marriage is presumptively marital; property owned before marriage, acquired by gift or inheritance, and passive appreciation of separate property is generally separate.

Spousal support factors commonly weighed: length of marriage, standard of living during marriage, each party's earning capacity and economic need, contributions as homemaker or to the other's education, and health/age.

Child support guideline inputs: both parents' gross incomes, number of children, parenting-time adjustment, and add-ons such as health insurance, childcare, and extraordinary medical expenses; deviations require written findings.

Relocation/removal standard: the moving parent generally must show a good-faith reason for the move and that relocation serves the child's best interests, with courts weighing the burden on the non-moving parent's relationship.

Evidence rules in family trials: hearsay exceptions commonly invoked include statements for medical diagnosis, excited utterance, and business records; children's statements may be admitted under state tender-years or outcry provisions.

Preponderance of the evidence is the default standard in family matters; clear and convincing evidence applies to termination of parental rights and often to rebutting legitimacy presumptions.

The best-interests standard governs custody and parenting time, weighing stability, caregiver capacity, child adjustment, safety, and age-appropriate child preference.

Under the UCCJEA, home-state jurisdiction is set by the child's six-month residence before filing; a pending home-state action generally prevails over a later non-home-state filing.

UIFSA continuing exclusive jurisdiction lets the issuing tribunal modify its support order unless no party or child remains there or the parties consent in writing.

Property acquired during marriage is presumptively marital; premarital assets, gifts, inheritances, and passive appreciation of separate property are generally separate.

Spousal support turns on marriage length, marital standard of living, earning capacity, economic need, caregiving contributions, and the parties' health and ages.

Child support guidelines use both parents' gross incomes, number of children, parenting-time adjustments, and add-ons like insurance and childcare; deviations need written findings.

A relocation request generally requires a good-faith reason and a showing that the move serves the child's best interests, balanced against the other parent's contact.

Common hearsay exceptions at family trials include medical-diagnosis statements, excited utterances, and business records; child statements may fall under outcry or tender-years rules.