New York Law (NYLE) Practice Exam

Which type of evidence is required to overturn a child custody decision?

1. Clear and convincing evidence.

2. Preponderance of the evidence.

3. Beyond a reasonable doubt.

4. Reasonable suspicion.

The correct answer is: Clear and convincing evidence.

To successfully overturn a child custody decision, clear and convincing evidence is the required standard. This standard is higher than the preponderance of the evidence but lower than beyond a reasonable doubt. Clear and convincing evidence means that the evidence presented must show that it is highly probable that the change in custody is warranted. This standard is often applied in cases involving substantial changes in circumstances since the court's original decision on custody is made with careful consideration of the child's best interests. The preponderance of the evidence standard, while often used in civil cases, does not provide the same level of assurance about the likelihood of the claim being true. Beyond a reasonable doubt is the standard typically used in criminal cases and is not applicable in child custody matters. Reasonable suspicion is a much lower standard generally used in contexts like law enforcement and does not pertain to custody decisions. Thus, clear and convincing evidence establishes a reliable foundation for court decisions involving custody, reflecting the weighty implications of changing a child's living arrangement.