Child custody in District of Columbia

What the law tells the judge to look at

In the order the law lists them.

1. What the child wants, where that is practical.D.C. Code § 16-914(a)(3)(A)
2. What each parent wants for the child's custody.D.C. Code § 16-914(a)(3)(B)
3. How the child gets along with parents, brothers and sisters, and anyone else who may affect the child emotionally or psychologically.D.C. Code § 16-914(a)(3)(C)
4. How well the child is adjusted to home, school, and community.D.C. Code § 16-914(a)(3)(D)
5. The mental and physical health of everyone involved.D.C. Code § 16-914(a)(3)(E)
6. Evidence of an intrafamily offense (domestic violence).D.C. Code § 16-914(a)(3)(F)
7. Whether the parents can communicate and make shared decisions about the child.D.C. Code § 16-914(a)(3)(G)
8. Whether the parents are willing to share custody.D.C. Code § 16-914(a)(3)(H)
9. How involved each parent has been in the child's life.D.C. Code § 16-914(a)(3)(I)
10. How much the child's social and school life might be disrupted.D.C. Code § 16-914(a)(3)(J)
11. How close the parents live to each other, and how that affects the child's schedule.D.C. Code § 16-914(a)(3)(K)
12. The demands of each parent's job.D.C. Code § 16-914(a)(3)(L)
13. The age and number of children.D.C. Code § 16-914(a)(3)(M)
14. How sincere each parent's request is.D.C. Code § 16-914(a)(3)(N)
15. Whether each parent can afford a joint custody arrangement.D.C. Code § 16-914(a)(3)(O)
16. The effect on public benefits such as TANF, the POWER program, and medical assistance.D.C. Code § 16-914(a)(3)(P)
17. The benefit to the parents.D.C. Code § 16-914(a)(3)(Q)

Other things the judge considers

• Unless it is not in the child's best interest, the judge may order frequent and continuing contact with each parent and shared parenting responsibilities, whether or not the parents were married.D.C. Code § 16-914(a)(2)
• The judge must approve a custody arrangement both parents agree on, unless clear and convincing evidence shows it is not in the child's best interest. One parent's objection alone is not a reason to refuse an arrangement that is best for the child.D.C. Code § 16-914(h), (i)
• The judge must state on the record the factors and findings for any arrangement the parents did not agree to.D.C. Code § 16-914(j)
• No one convicted of first- or second-degree sexual abuse or child sexual abuse can get custody or visitation of a child conceived as a result of that crime.D.C. Code § 16-914(k)

What the judge may not consider

A party's race, color, national origin, political affiliation, sex, sexual orientation, or gender identity or expression cannot by itself decide custody (D.C. Code § 16-914(a)(1)(A)).

Joint custody

Yes, a rebuttable presumption that joint custody is in the child's best interest. It does not apply if the judge finds an intrafamily offense, child abuse, child neglect, or parental kidnapping. In those cases the law presumes joint custody is not in the child's best interest.

The child's wishes

The judge considers the child's wishes about who should have custody, where that is practical. The law does not set an age.

Domestic violence

If the judge finds (by a preponderance of the evidence) an intrafamily offense, child abuse or neglect, or parental kidnapping, the law presumes joint custody is not in the child's best interest. If the judge still gives custody or visits to the abusive parent, the judge must explain why in writing. The judge may allow visits only if the child and the custodial parent can be adequately protected, and the abusive parent must prove visits will not endanger the child or seriously harm the child's emotional development.

Establishing paternity

How

Both parents can sign a written acknowledgment of paternity under oath (it may be signed in front of a notary), after getting written and oral notice of their rights and the legal effects. If the child has no presumed parent and the acknowledgment is not cancelled, it legally makes the man the child's father. A genetic test showing at least a 99% probability also does this. Either signer can cancel the acknowledgment within 60 days, or before a court or agency hearing about the child where that person is a party, whichever comes first. You can also ask the court to establish parentage, or ask the Office of the Attorney General's Child Support Services Division for help.

Form

Voluntary Acknowledgment of Paternity

Cancelling it

A signer can rescind within 60 days, or by the date of a court or agency proceeding about the child in which the signer is a party, whichever is earlier.

Agency

D.C. Office of the Attorney General, Child Support Services Division (CSSD)
https://oag.dc.gov/child-support-services/services/establishing-parentage-and-paternity

Changing an order

The judge can change or end a custody order if there has been a substantial and material change in circumstances and the change is in the child's best interest. The parent asking for the change must prove it by a preponderance of the evidence. A motion to modify costs $20.

Law: D.C. Code § 16-914(f); Super. Ct. Gen. Fam. R. C(2)

If the other parent does not follow the order

If the other parent does not follow the custody or visitation order, you can ask the Family Court to enforce it, for example by filing a motion for contempt. Filing a motion costs $20. The Family Court Self-Help Center can tell you which form to use.

Law: Super. Ct. Gen. Fam. R. C(2)

Grandparent visitation

No separate grandparent visitation statute. A grandparent or other relative can seek custody (or visitation) under the third-party custody law if the conditions below are met.

Custody by someone who is not a parent

A third party (such as a grandparent) can file for custody, or join an existing case, if:

• The parent who has been the child's main caretaker in the past 3 years agrees
• The third party has lived with the child for at least 4 of the last 6 months (or half the life of a baby under 6 months) and has mainly done the parenting
• The third party lives with the child and exceptional circumstances make it necessary to prevent harm.

The law presumes custody with a parent is best for the child, unless a parent agrees. To overcome that, the third party must show by clear and convincing evidence that the parents abandoned the child or are unwilling or unable to care for the child, that custody with a parent would harm the child, or that there are exceptional circumstances. A parent's lack of money, or being a victim of domestic violence, cannot be used against the parent. A 'de facto parent' (someone who has lived with and raised the child as a parent with the parent's agreement) is treated as a parent.

Custody and visitation in the order

Yes. A civil protection order can award temporary custody of the parties' children and set visitation with restrictions that protect the petitioner. If the judge finds an intrafamily offense, any custody or visits for the abusive parent need written reasons, and visits are allowed only if the child and the custodial parent can be adequately protected. A CPO lasts up to 1 year. A TPO can be issued ex parte for up to 14 days.