In the Family cases often times certain facts and events give rise to necessity for an emergency and immediate court intervention and ruling. For example a parent may be seeking to transport a child permanently or temporary out of the jurisdiction without a prior court approval or permission from the other parent. Court order child visitation may be blocked or access to the child is denied by a parent having physical custody to a parent with visitation rights. Child’s safety or security may be at risk or jeopardy. The child may be in need of medical treatment and intervention with
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Archives for Family Law
RECENT COURT OF APPEALS DECISION: ENHANCED REUNIFICATION SERVICES UNDER ADA: DC FAMILY LAWYER
The Court of Appeals in IN RE H.C.; K.C decided on July 5, 2018, redefined and expounded on what constitutes reasonable efforts toward the goal of reunification when dealing with a parent with intellectual disability and eligible for receiving services through DDS (“Department of Disability Services.”) In this case the child was removed at birth from the mother’s care due to the mother’s cognitive and intellectual disabilities. The trial court had held that mother’s intellectual disabilities and mental health needs rendered her incapable of properly caring for the child even with the wrap around services, parental training and other assistance
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IMPUTATION OF INCOME IN DIVORCE OR CHILD SUPPORT PROCEEDINGS: WASHINGTON DC DIVORCE LAWYER
Often times in divorce or child support proceedings the court may be forced to impute income on one of the parties. There are circumstances in which imputation of income is legally warranted. If there is a judicial finding that a party is: Voluntarily unemployed, Due to bad faith or Deliberate effort to suppress income, and To avoid child support or other financial obligations The pertinent D.C. Code § 16-916.01(d)(10) specifically provides: If the judicial officer finds that a parent is voluntarily unemployed or underemployed as a result of the parent’s bad faith or deliberate effort to suppress income, to avoid or
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DC COLLABORATIVE REPRODUCTION PROCESS: LEGAL ELEMENTS: DC CHILD CUSTODY LAWYER
The collaboration reproduction process either through the “gestational surrogate” or via insemination for intended parents create a labyrinth of legal issues that would need to be addressed incrementally. Intended parents are the individuals who put the process in motion, married or unmarried, who have committed in writing and otherwise to be the legal parents of the child to be born. The intended parents would need to file a petition of parentage for a legal declaration by the court. The Court will have jurisdiction when: The intended parent or the surrogate is a District resident ; Who have actually resided in
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DE FACTO PARENT DEFINED; THIRD PARTY CHILD CUSTODY STATUTE: DC CHILD CUSTODY LAWYER
The third party custody statute in DC enables an initial filing or intervention by the third party in the ongoing proceeding under the following conditions: THIRD PARTY CUSTODY I. A parent who has provided primary care of the child for the past three years consents and supports the third party custody motion; or that: II. The third party has: Lived in the same household as the child for the past 4 out of the 6 months prior to the filing of the complaint; If the child is under 6 months, then for the half of the child’s life; and The
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DIVISION OF PROPERTY: WASHINGTON DC DIVORCE LAWYER
In the District of Columbia the material assets would be distributed and apportioned in a manner that is: Equitable, Just, and Reasonable The issue of division of property during marital dissolution is one of the most conflicting and complex areas in a divorce process as oftentimes the opposing parties disagree on what constitutes as sole and separate versus marital property. In the District of Columbia, the division of marital property is at the sole discretion of the Judge. The court considers all material assets including but not limited to: Business interests Investments, including foreign Stock options Nigh net-worth estates Antiques
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DC DOMESTIC PARTNERSHIP LAWS DEFINED: WASHINGTON DC DIVORCE LAWYER
In the District of Columbia domestic partnership is defined as relationship between two individuals that have registered the partnership (pursuant to § 32-702) The term domestic partner is defined as being in a committed relationship with an individual who is: Eighteen years or older, Competent to enter into a domestic partnership/contract The only/sole domestic partner of the other Not married In a committed relationship In order to register a domestic partnership in the District, the domestic partners each will have to declare under oath and affirm the items listed above. The registration document other than the address of the individuals involved
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LEGAL COMPETENCY IN ADOPTION CASES: DC ADOPTION LAWYER
The Court of Appeals in IN RE PETITION OF J.O. & P.O., decided on December 12, 2017, reversed and remanded the trial court’s grant of an adoption petition. The central issue in the case was the viability of the two competing adoption petitions filed at the trial level. The child was born to a mother who had known mental health issues and on the day of the child’s birth, the mother was admitted to a psychiatric ward for treatment. Shortly after birth, the child was placed in an Child and Family Services (CFSA) pre-adoptive foster home and over the course
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CRIMINAL CONSEQUENCES OF CHILD ABUSE AND NEGLECT: DC FAMILY LAWYER
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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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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