In an event of separation or divorce and when children are involved, it is imperative to create a detailed guideline for each parent to follow to minimize conflict and to maximize harmony and continuity in parenting. Thus, a detailed, focused separation agreement should be implemented providing visitation and custody schedule, medical and educational responsibilities, as well as holidays and summer calendar and also conflict resolution channels such as parenting coach or mediator to step in when needed to de-escalate conflict. Considering the best interests of the child as the paramount criteria and given the complexities and difficulties in single parenting
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Archives for Family Law
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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DC DIVORCE AND AWARD OF ALIMONY — HOW AND HOW MUCH AWARDED …
In a divorce proceeding involving legal determination of the child support, and alimony obligations, the court will reach a global ruling while considering compelling elements enumerated in the Statute pertaining specifically to alimony but the decision will not be in vacuum. The Statute specifically provides order of alimony when “just and proper” factoring the listed legal elements that the court balances as well as all the relevant factors necessary for a fair and equitable award: (1) ability of the party seeking alimony to be wholly or partly self-supporting; (2) time necessary for the party seeking alimony to gain sufficient education or training
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DC CHILD CUSTODY JURISDICTION & VARIATIONS
Generally the DC Courts are inclined to confer and extend jurisdiction to litigants rather than declining it. This blog details some of original, continuing, and non-conventional child custody jurisdictional parameters and scope. Initial child-custody jurisdiction District has jurisdiction to make an initial child-custody determination under one of the three criteria: 1 ) The District is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and if the child is currently absent from the District, a parent or
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DC TEMPORARY RESTRAINING ORDER (TRO) v. DC TEMPORARY PROTECTION ORDER (TPO): DC FAMILY LAWYER
Although the Temporary Restraining Orders (TRO) and the Temporary Civil Protection Orders (TPO) sound similar, the eligibility, process and enforceability of the orders are vastly different. To be eligible to file for TPO/CPO one must meet either the interpersonal violence, intimate partner violence, or the intrafamily violence criteria. Interpersonal violence is defined as an act or a criminal offense that is committed or threatened to be committed upon a person: With whom the offender shares or has shared a mutual residence; or Who is or was married to, in a domestic partnership with, divorced or separated from, or in a
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CRIMINAL & CIVIL CONTEMPT IN DC: DC FAMILY LAWYER
The contempt powers of the court are divided into both criminal and civil contempt. Generally criminal contempt is reserved where there is willful and blatant violation of court order where as the civil contempt is reserved for non-compliance or neglect of a court order. In another word: Criminal contempt is a violation of the law, a public wrong which is punishable by fine or imprisonment or both. And the Civil contempt: is a sanction imposed by the court to enforce compliance with a court order or to compensate a party for losses or damages caused by noncompliance with a court
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ALIMONY PAYMENTS AND THE NEW TAX CODE: DC DIVORCE LAWYER
Tax changes promulgated with introduction of Tax Cuts and Jobs Act (“TCJA”) in 2017 will affect large groups of population, including couples finalizing their divorce in 2019. Beginning January 1, 2019 the paying spouse will no longer be able take deduct alimony, and the recipient spouse will not need to report alimony as income. That is, the alimony payments will be treated same as child support payments. In short, all agreements made or orders entered from that date forward, the party paying alimony will not be able to deduction such payments on his/her tax return. The receiving party will not declare the
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RECENT COURT OF APPEALS DECISION: DC FAMILY LAWYER
The DC Court of Appeals in IN RE J.M. & D.M. decided on September 20, 2018, affirmed the trial court findings that the permanency goal change to adoption was appropriate, however clarified to certain degree the procedural appeal when the goal change request is a dual-goal, to both reunification and adoption. The Court’s Decision in IN RE TAL in 2016 required and bestowed on parents in a child abuse and neglect proceedings facing a goal change an evidentiary hearing. Specifically, to justify a goal change from reunification to adoption: …the District “must prove by a preponderance of the evidence that
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