Definitions

For the purposes of this chapter, the term: (1) “De facto parent” means an individual: (A) Who: (i) Lived with the child in the same household at the time of the child’s birth or adoption by the child’s parent; (ii) Has taken on full and permanent responsibilities as the child’s parent; and (iii) Has held himself or herself out as the child’s parent with the agreement of the child’s parent or, if there are 2 parents, both parents; or (B) Who: (i) Has lived with the child in the same household for at least 10 of the 12 months immediately preceding the filing of the complaint or motion for custody; (ii) Has formed a strong emotional bond with the child with the encouragement and intent of the child’s parent that a parent-child relationship form between the child and the third party; (iii) Has taken on full and permanent responsibilities as the child’s parent; and (iv) Has held himself or herself out as the child’s parent with the agreement of the child’s parent, or if there are 2 parents, both parents. (2) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8). (3) “Legal custody” means legal responsibility for a child, including the right to: (A) Make decisions regarding the child’s health, education, and general welfare; (B) Access the child’s educational, medical, psychological, dental, or other records; and (C) Speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child. (4) “Physical custody” means a child’s living arrangements. The term “physical custody” includes a child’s residency or visitation schedule. (5) “Third party” means a person other than the child’s parent or de facto parent.