The premarital agreements if properly executed and carefully crafted and detailed, can essentially override the statutorily granted inheritance rights by the State. A significant and an advantageous legal strategy rarely used. Generally, a surviving spouse is entitled to what the spouse’s will or last testament directs and provides. However, under the DC Statute, the surviving spouse may elect to forego the will and select Statutory rights. That is, the surviving spouse may elect to renunciate the will by specifically stating and filing with probate that: I surviving spouse or surviving domestic partner of late of, deceased, renounce and quit all
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RECENT COURT OF APPEALS DECISION: 4TH AMENDMENT VIOLATION | SEARCH & SEIZURE
The Court of Appeals in U.S. v. Bumphaus, decided on May 21, 2020, affirmed the trial court in suppressing the evidence obtained through illegal search and seizure. Based on confidential tip that the defendant possessed illegal weapons, his car was stopped and before the officers had a chance to search the vehicle Bumphus locked the car and released keys to another individual who left the scene. Thus, the officers towed the vehicle in order to obtain a search warrant to break into the car and search for weapons. The search warrant for the car however was not issued until four
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VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS & DC CHILD SUPPORT OBLIGATIONS
Although the District provides statutory provisions as listed below for voluntary relinquishment of parental rights, in most cases, such does not subrogate child support obligations. There are generally two ways for parental rights to be terminated or relinquished, either by the application of the two listed provisions below, which together allow a natural parent to voluntary relinquish rights to the Child and Family Services (CFSA), or via a court order terminating parental rights. § 4–1451.05. Parental rights § 4–1406. Parental rights; termination or relinquishment; vesting in agencies or Mayor; exercise in adoption proceedings. Voluntary relinquishment generally applies to a newborn
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MOST RECENT DC SUPERIOR COURT ORDER PERTAINING TO DRB & FAMILY MATTERS:
SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA FAMILY DIVISION DOMESTIC RELATIONS BRANCH On May 14, 2020, the Chief Judge of the Superior Court issued an order further altering court operations in light of the current coronavirus pandemic. All in- person hearing and trial dates for Domestic Relations* matters set for June 1 through June 19, 2020 are VACATED. You are receiving this notice because you have a Domestic Relations matter with a court date during that period. You do not need to come to court on the June date, and your matter will not be dismissed. We will provide you
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DC DOMESTIC PARTNERSHIP v. MARRIAGE
In the District, there is a viable alternative to a legal marriage that allows for legalizing a relationship in order to share health and other benefits while maintaining financial independence: Domestic Partnership Registration. As registered domestic partners, family member benefits are conferred, such as hospital visitation, medical and family leave as well as extended government and private health insurance benefits for the partner. However, as partnership is not a marriage by definition and construction, as long as the parties’ financial commingling is minimal to none, then the financial burden of the equitable distribution of property, spousal support, and all other
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WASHINGTON DC DIVORCE & SEPARATION DURING THE PANDEMIC
It is undisputed that divorce and separation are hard in normal times but with COVID-19 and its prolonged societal effects, the process is even more complicated and difficult. The Courts now only hear and docket emergency family matters but in coming days they will become fully operational accepting divorce filings. During this period though much can be done to prepare for a divorce filing. For those who are convinced that divorce is both unavoidable and inevitable, here are few logical and legal steps to follow to move closer to DC Divorce filing and finalization: As the DC Statute requires a
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SUBPOENA AGAINST FACEBOOK ENFORCEABLE: RECENT DC COURT OF APPEALS DECISION
The Court of Appeal in Facebook v. Pepe, decided on April 15, 2020, decided whether a criminal defendant may subpoena exculpatory electronic records and under what circumstances. Defendant Pepe alleging self-defense in an aggravated assault charge sought at trial to seek evidence of communication transmitted by the complainant shortly before the shooting supporting his claim of self-defense. Specifically, Pepe asked the Superior Court Judge to authorize an ex parte subpoena to Facebook under Rule 17, which permits disclosure of certain personal or confidential information about a victim namely here communications via Facebook around the time of the shooting. The trial
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Co-parenting in the time of COVID-19: Advice to navigate this new situation: MEDIA APPEARANCE
ABC 7 NEWS-WJLA SEGMENT INTERVIEW WTIH MR. STEIN
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CHILD CUSTODY ISSUES DURING THE PANDEMIC
District of Columbia along with majority of the States has a significant stay home order in place that limits all outdoor activities except those as defined as Essential Activities: Engaging in an activity or performing a task essential to an individual’s own health or safety, or to the health or safety of the individual’s family or household members, including pets. Examples: Obtaining medical supplies or medication; visiting a health care professional; or obtaining supplies needed to work from home. Obtaining services or supplies for an individual’s own self or the individual’s family or household members; or delivering those services or supplies to others that are necessary to maintain the safety, sanitation, and operation of residences. Performing work providing essential products and services at an Essential Business or otherwise
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CHILD’S PREFERENCE IN CUSTODY LITIGATION: LEGAL ELEMENT
The Court of Appeals in DUGUMA v. AYALEW recently decided addressed the issue of preference of the children in a custody and divorce proceeding among parents. Appellant mother lost the custody trial with the court granting sole physical custody to the father and argued on appeal mainly: That the trial court abused its discretion in refusing to grant her counsel’s request for a continuance, That the court erred in failing to interview the children or appoint a guardian ad litem to determine the children’s wishes as to their custody and, That even aside from the absence of evidence as to
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