40 chapters · 682 sections in this title.
D.C. Code § 16-831.01 Definitions
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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 …
D.C. Code § 16-831.02 Action for custody of child by a third party
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(a)(1) A third party may file a complaint for custody of a child or a motion to intervene in any existing action involving custody of the child under any of the following circumstances: (A) The parent who is or has been the primary caretaker of the child within the past 3 years c…
D.C. Code § 16-831.03 Action for custody of a child by a de facto parent
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(a) A de facto parent may file a complaint for custody of a child or a motion to intervene in any existing action involving custody of the child. (b) An individual who establishes that he or she is a de facto parent by clear and convincing evidence shall be deemed a parent for th…
D.C. Code § 16-831.04 Third-party custody orders
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(a) A custody order entered under this chapter may include any of the following: (1) Sole legal custody to the third party; (2) Sole physical custody to the third party; (3) Joint legal custody between the third party and a parent; (4) Joint physical custody between the third par…
D.C. Code § 16-831.05 Parental presumption
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(a) Except when a parent consents to the relief sought by the third party, there is a rebuttable presumption in all proceedings under this chapter that custody with the parent is in the child’s best interests. (b) If the court grants custody of the child to a third party over par…
D.C. Code § 16-831.06 Award of custody to third party
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(a) The court shall award custody of the child to the third party upon determining: (1) The presumption in favor of parental custody has been rebutted; and (2) Custody with the third party is in the child’s best interests. (b) The third party seeking custody shall bear the burden…
D.C. Code § 16-831.07 Findings necessary to rebut the parental presumption by clear and convincing evidence
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(a) To determine that the presumption favoring parental custody has been rebutted, the court must find, by clear and convincing evidence, one or more of the following factors: (1) That the parents have abandoned the child or are unwilling or unable to care for the child; (2) That…
D.C. Code § 16-831.08 Factors to consider in determining best interests of child
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(a) In determining whether custody with a third party, pursuant to this chapter, is in the child’s best interests, the court shall consider all relevant factors, including: (1) The child’s need for continuity of care and caretakers, and for timely integration into a stable and pe…
D.C. Code § 16-831.09 Pendente lite relief
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(a)(1) During the pendency of any proceeding under this chapter, the court may determine, in accordance with the provisions of this chapter, the custody of the child pending final determination of that issue. (2) The pendente lite hearing shall be held no later than 30 days after…
D.C. Code § 16-831.10 Effect of a third-party custody order
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An order awarding physical or legal custody of a child to a third party shall not terminate the parent and child relationship, including: (1) The right of the child to inherit from his or her parent; (2) The parent’s right to visit or contact the child, except as limited by court…
D.C. Code § 16-831.11 Modification or termination of orders
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(a) An award of custody to a third party under this chapter may be modified or terminated upon the motion of any party, or on the court’s own motion, upon a determination that there has been a substantial and material change in circumstances and that the modification or terminati…
D.C. Code § 16-831.12 Jurisdiction
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The court shall retain jurisdiction to enforce, modify, or terminate a custody order issued under this chapter, subject to the provisions of Chapter 46 of this title, until the child reaches 18 years of age.
D.C. Code § 16-831.13 Other actions for custody not abolished, diminished, or preempted
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Nothing in this chapter shall be construed to limit the ability of any person to seek custody of a child under any other statutory, common law, or equitable cause of action or to preempt any authority of the court to hear and adjudicate custody claims under the court’s common law…