Tag Archives: dc child support lawyer

RECENT COURT OF APPEALS DECISION: STATUTORY DEFINITION, CARRYING A DANGEROUS WEAPON:

The Court of Appeals on July 31, 2014, in IN RE D.R. (No. 11-FS-1320), both reversed a conviction for insufficiently of evidence and also remanded the case to the trial court. Appellant, D.R., was convicted at trial of four criminal … Continue reading

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RECENT COURT OF APPEALS RULING REVERSING TERMINATION OF PARENTAL RIGHTS (TPR) —

In the recent opinion issued by the Court of Appeals in IN RE D.M.; T.M., (March 13, 2014), the Court once again articulated that when a biological parent is unable to care for his or her child, her choice of … Continue reading

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De Factor Parent/Third Party Custody Actions: Legal Principles and Recent Relevant Court of Appeals Case:

In the District, the child custody statute extends rights upon third party and de factor parent custodians. That is, if an individual can establish by clear and convincing evidence that he/she is either a de facto parent or a third … Continue reading

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RECENT COURT OF APPEALS NEGLECT REVERSAL

In yet another recent case, it appears that the Court of Appeals has gradually shifted the standard of review in favor of the biological parent and the parental rights and preferences.  In the previously blogged and reviewed cases, the competing … Continue reading

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RECENT DC COURT OF APPEALS CASE DEFINING “WEIGHTY CONSIDERATION”

The recent Court of Appeals case on a competing adoption petition litigation issued on August 22, 2013 (citation below) defined with more specificity the meaning of “weighty consideration” given to parents’ choice of a fit custodian.  Here the parents whom … Continue reading

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DC TEMPORARY PROTECTION ORDER/CIVIL PROTECTION ORDER TPO/CPO

LEGAL ELEMENTS Generally a TPO petition/affidavit is filed under oath attesting that the safety and welfare of the petitioner/affiant and/or a household member is imminently endangered by the respondent’s conduct and thus an immediate relief in form of a court … Continue reading

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PETITIONER’S FTINESS FINDING IN THE ADOPTION PROCEEDINGS: RELEVANT CASES AND THE STATUTORY PROVISIONS

This blog addresses legal principles applicable to the court’s fitness finding in the adoption cases when the health or fitness of the adoptive petitioner is at issue. There are statutory provisions that address both fitness as well as health of … Continue reading

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CHILD’S TESTIMONY, THE LEGAL PRINCIPLE:

Often times in the neglect and abuse, termination of parental rights, and adoption litigation — the child’s testimony can tip the scale one way or another.  Under the adoption statute, the child’s position, if the child is fourteen or older, … Continue reading

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ENTIRE MOSAIC OF THE CHILD’S LIFE –- A LEGAL PRINCIPLE OR AN EXCUSE TO LET ALL NON-ADMISSIBLE EVIDENCE IN?

The pinnacle case that first defined and expounded on the “entire mosaic” of the child life was:  In re. S.K., 564 A.2d 1382 (DC 1989). The case was about excessive physical discipline of a child who had set her bed … Continue reading

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HEARSAY EXCEPTION FOR THE PURPOSE OF MEDICAL TREATMENT:

The recent Court of Appeals decision in IN RE. M.F. (No. 08-FS-733, Sept. 27, 2012), highlights how the litigation errors made at the trial level can tip the balance on the appeal. At issue, in part, was statements admitted by … Continue reading

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