The Child Abuse and Neglect Statute in Washington DC has both a civil and also a criminal component and at times run on separate tracks but concurrently. If there is a referral for child abuse to the Child Protection Services (CPS), in cases of alleged physical child abuse — there will be a civil as well as criminal investigation when warranted. Thus charges may be brought in the Family Court as well as in the Criminal Court Systems. According to the DC Civil Neglect Statute, the term neglected child encompasses the following categories: 1) A child who has been abandoned
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Archives for Family Law
WASHINGTON DC DIVORCE v. LEGAL SEPARATION; CRITERIA FOR ANNULMENT: DC DIVORCE LAWYER
The filing requirements for divorce and the legal separation are significantly and materially different. The divorce filing requires proof that: Parties have mutually and voluntarily lived separate and apart without cohabitation for a period of six months before filing of the action or Parties to the marriage have lived separate and apart without cohabitation for a period of one year prior to filing of the action. The filing requirement for the legal separation is less rigorous and it requires only that: Parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation; or Both parties to the
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Excited Utterance Exception: Admissibility of the 911 tapes: Recent DC Court of Appeals Decision: Washington DC Criminal Lawyer
Oftentimes in the Washington DC domestic violence assault cases, the complainant does not actually testify for one reason or another. In such cases, the government attempts to introduce the 911 reporting/call of the complainant in lieu of the substantive evidence of assault. If the 911 tape recoding does meet the three prong test for admission; then the recording can and will be admitted and relied upon by the trier of the facts albeit the jury or the judge. The DC Court of Appeals on August 17, 2017, in Pelzer v. U.S., highlighted and outlined the test of admissibility for the
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WASHINGTON DC STEP-PARENT/DOMESTIC PARTNER ADOPTION: DC FAMILY LAWYER
While the decision to adopt a child can be an exciting one, the complexities of adoption laws and the corresponding regulations can be potentially discouraging or overwhelming for the prospective families. Step-parent adoption is a type of adoption in which a step-parent endeavors to adopt a child of his/her current spouse or domestic partner. Generally, the adoption process for step-parent is less complex as it bypasses some of the requirements, such as the adoption study or required visits, licensing, or the adoption report or CFSA-Child & Family Services’ investigative final report and recommendations. Specifically the court may dispense with the
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TRI-PARENTING; LEGAL DEVELOPMENTS: DC CHILD CUSTODY LAWYER
The concept of multiple parents finds its support amongst many as the vocation of parental duties expands in families undergoing separation as well as homosexual families undertaking a journey to having a child. On March 8, 2017, the Supreme Court Judge of Suffolk County, NY, in the case of Dawn M. vs. Michael M., awarded a legal custody of a 10-year old boy to three parties. A married couple, Dawn and Michael, began a relationship with Dawn’s best friend, Audria. Dawn was unable to have a child, and under the circumstances, all three parties agreed that Michael and Audria would
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WASHINGTON DC RETROACTIVE CHILD SUPPORT: RECENT CASE LAW & APPLICABLE STATUTES: DC CHILD SUPPORT LAWYER
District of Columbia Child Support Guidelines provides the right to the custodial parent to receive retroactive child support payments for a period of 24 months preceding the filing of the petition for child support. The Court of Appeals in Ford v. Snowden decided on September 22, 2016, addressed specifically the issue of whether a custodial parent receiving government benefit (“TANF”) was entitled to child support payments in addition and above the “TANF” amount. Specifically, Fashon Ford challenges the trial court’s order denying her the opportunity to seek child support from Snowden for the period of time during which Ms. Ford
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WASHINGTON DC PREMARITAL AGREEMENTS AND ENFORCEABILITY: DC DIVORCE LAWYER
Premarital agreements can be extensive and can include many provision, however below are some of the main issues that can be legally addressed and enforced through premarital agreements. DC Code § 46–503 provides specific statutory content for the premarital agreements: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) The disposition of property upon separation,
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RECENT WASHINGTON DC COURT OF APPEALS DECISION: EQUAL DISTRIBUTION OF MARITAL PROPERTY NOT NECESSARILY EQUITABLE: WASHINGTON DC DIVORCE LAWYER
The DC Court of Appeals on April 20, 2017, in Fleet v. Fleet; reversed and remanded the trial Judge’s ruling on division of marital property and award of portion of a retirement account. Mr. Fleet specifically on appeal challenged the court‘s distribution of a portion of the marital home and Mr. Fleet‘s retirement account to his ex-wife, appellee Ericka Fleet. He contended the trial court applied improper legal presumption of equal rather than equitable distribution of property in awarding 50 percent of the equity of the home to Ms. Fleet. Mr. Fleet also argued on appeal that the trial court did
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RECENT COURT OF APPEALS DECISION: GOAL CHANGE FROM REUNIFICATION TO ADOPTION NOW APPEALABLE: DC ADOPTION LAWYER
The DC Court of Appeals in: IN RE TA.L.; IN RE A.L.; – decided on December 8, 2016, opined a significant decision in extending and preserving parental rights in the context of adoptions. Here the parents were adjudicated as neglectful and the children were subsequently placed in a foster home. Approximately within a year of the placement, and during a permanency hearing, the goal was changed from reunification to adoption. The goal change from reunification to adoption and the permanency goal change without affording the biological parents a legal procedure and protection was the main subject of the Court’s decision
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INTERNATIONAL CHILD SUPPORT: FORUM NON CONVENIENS: DC CHILD SUPPORT LAWYER
Generally the DC Corporation Counsel will file and prosecute a child support action on behalf of a DC resident and when both the child and the principles are DC residents. However Under 42 U.S. Code ξ 654(4)(A)(ii), the District may bring a child support action on behalf of a non DC resident, a non US national and from a country which has not signed into Uniform Interstate Family Support Act (“UIFSA”) or any other treaty governing terms, that is, a non reciprocating and a non treaty nation. According to the statute, the DC government has the discretion to bring an
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