Tag Archives: dc family lawyer

THIRD PARTY CUSTODY: LEGAL STANDARD – RECENT DC COURT OF APPEALS CASE

Posted on April 1, 2013 by admin

There is rebuttable presumption that custody with a parent is in the best interests of the child unless proven otherwise by clear and convincing evidence.  In another word, there is a parental presumption of fitness that can only be overcome … Continue reading →

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DC TEMPORARY PROTECTION ORDER/CIVIL PROTECTION ORDER TPO/CPO

Posted on March 4, 2013 by admin

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

Posted on January 30, 2013 by admin

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:

Posted on December 29, 2012 by admin

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?

Posted on November 29, 2012 by admin

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:

Posted on November 4, 2012 by admin

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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DC COURT OF APPEALS EXPANDING AND REAFFIRMING FATHER’S RIGHT

Posted on September 30, 2012 by admin

The DC Court of Appeals in IN RE D.S., K.M., B.S., R.S., T.S. & P.S.; J.M., issued on September 20, 2012, reiterated the legal principles governing placement of children in the custody of their biological parents in a split neglect case.  … Continue reading →

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DOES INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) APPLY TO A NON-CUSTODIAL OUT OF STATE BIOLOGICAL PARENT?

Posted on August 31, 2012 by admin

Until recently, and almost consistently, the Child and Family Services Agency (CFSA) would in cases where a non-custodial non-petitioned biological parent intervenes in the neglect proceedings and seeks custody of the child – would require that parent to go through … Continue reading →

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WHAT IS THE LEGAL DEFINITION OF “IN LOCO PARENTIS”?

Posted on August 6, 2012 by admin

The DC Court of Appeals early on in Fuller v. Fuller, 247 A. 2d (1968) defined the term as a person who willingly puts himself in the role of legal parenting of a child, that is day to day care … Continue reading →

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DC ADOPTION PROCEEDINGS

Posted on June 28, 2012 by admin

In the District, Child and Family Services (“CFSA”) involved adoptions are both complicated in legal requirements as well as in procedural steps needed to reach finalization.  The legal process starts with filing of an adoption petition, which would generate show … Continue reading →

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