Modification
UCCJEA
Legal/Physical
Military
Grandparents/3rd party
100
This is the standard that must be met for a modification of child custody

What is a substantial change of circumstances?

100

A Court has this at the inception of a child custody case if the MC has lived in the state since birth or for the preceding 6 months ahead of filing.

What is home state jurisdiction?

100

Legal custody typically covers these decisions for MC. 

What are medical decisions, education decisions, and religious upbringing?
100

This is the act that determines procedures for deployed or deploying parents.

What is the Uniform Deployed Parents Custody and Visitation Act?

100

Grandparents in custody must: (3)

  • Overcome the presumption that the parent’s decision regarding visitation is in the BIOC.
  • Have Court conclude visitation is in BIOC.
  • Visitation awarded does not adversely interfere with the parent/child relationship.
200

The kind of change that can meet the standard for a modification.

What is a positive or negative, but more than speculative?

200

This is the test to determine initial jurisdiction for NC if there is no home state jurisdiction for any state.

What is the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and Substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships?

200

This must be considered by the Court, but cannot be deciding factor.

What are the wishes of the child?

200

Deployment is defined as this.

What is the movement or mobilization of a service member to a location for more than 90 days but less than 18 months, pursuant to an official order that:

  • Is designated as unaccompanied
  • Does not authorize independent travel OR
  • Otherwise does not permit the movement of family members to that location.
200

When a parent dies or is TPR'd during custody litigation, this happens to grandparent claims.

What is they are lost unless already pending?

300
Relocation Factors

What are likelihood of realistic visitation; likelihood that moving party will comply with jurisdiction after moving; integrity of parent challenging move; motive of parent seeking move; and advantages of relocation on improving MC's life.

300

A state can exercise this type of jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

What is temporary, emergency jurisdiction?

300

If one party asks for this, the Court MUST consider it. 

What is joint custody?

300

These people may have temporary custodial rights during a parent's deployment, with limitations.

What are nonparents? (These rights terminate when deployment ends.

300

This must be shown for a nonparent to be granted custodial rights.

What is that both parents have acted inconsistent with their constitutionally protected rights as parents?

400

In a motion to modify custody, a party must do this.

What is set forth the grounds for modification and specific relief sought.?
400

These are the inconvenient forum factors.

What are: 

  • Has DV occurred and is it likely to continue?
  • Which State can best protect the MC?
  • Length of time MC has resided outside of NC
  • Distance between NC court and court that would assume jurisdiction
  • Relative financial circumstances of parties
  • Any agreement between the parties as to which state would assume jurisdiction
  • Nature and location of evidence
  • How quickly each court can resolve the issue and procedures necessary to present evidence AND
  • Familiarity of each court in each state re: facts and issues in the pending litigation
400

If this is present, the Court must consider it in its order.

What is domestic violence?

400

Court is limited in caretaking authority to nonparents to:

What is 

  • Time not greater than what deployed parent had in custody order or
  • In the absence of existing permanent custody order, the amount of time the deploying parent habitually has care for the child before being notified of the deployment.
400

If a family is this, a grandparent has no right to bring a claim for visitation.

What is intact?

500

After showing a change in circumstances, the Court must consider this.

What is the best interest of the child?
500

A state will retain this so long as MC, parent, or person acting as parent has a significant connection to state and substantial evidence is available in state.

What is continuing, exclusive jurisdiction?

500

A Court may require a parent to abstain from or be monitored for this.

What is alcohol? 

500

These are the two avenues to obtain a temporary order addressing custody during a parent's deployment.

What are agreement or temporary custody hearing?

500

These two things are not synonymous for grandparents as they are between parents. 

What are custody and visitation?

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