Monthly Archives January 2019

PRESUMPTION OF JOINT LEGAL AND PHYSICAL CUSTODY & EVIDENCE OF DOMESTIC VIOLENCE

The DC caselaw as well as the Statutory language both are consistent on equality among parents when it comes to granting physical and legal custody and the presumption is well rooted. Courts have generally held that: it is a “Constitutional principle, rooted in the Due Process Clause, that the right to presumptive custody of a fit, unwed, noncustodial father who has grasped the opportunity to be involved in his child’s life can be overridden only by a showing by clear and convincing evidence that it is in the best interest of the child to be placed with someone else. The
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DISTRIBUTION OF RETIREMENT ACCOUNTS AFTER MARRIAGE: DC COURT OF APPEALS

The Court of Appeals in Reed v. Rowe decided on November 15, 2018, addressed how a sole retirement account would be dispersed after a marriage to the surviving spouse. The Reeds were married on August 6, 2011. Prior to the marriage and for over fifteen years Mr. Reed held a sole retirement account designating his sister Ms. Rowe as the sole survivor. Shortly after the marriage, the trial court found that the couple initiated a joint account and commingled funds to and from the account. This was not though the retirement account subject of the litigation. There was some evidence
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RECENT COURT OF APPEALS DECISION: CONSTITUTIONALITY OF CHILDREN’S REMOVAL

The Court of Appeals in J.C. v. D.C. decided on December 27, 2018, addressed and analyzed the District’s CFSA (Child and Family Services) policy of removal of the children from parental home based on medical report of possible abuse and began the process of scrutinizing the constitutionality of such removals and the limits thereof. Factually, the parent (J.C.), had brought her child (8 months old) to the Children’s Medical Center for vomiting, retching, and acting uncharacteristically irritable. The child was diagnosed with old and new bleeding in the front left region of her head (subdural hematoma), along with “retinal hemorrhages”
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