This blog highlights specifically the legal definition of the “best interest of the child” as relates to DC child custody litigation: All cases involving and relating to the children in family matters; termination of parental rights/adoption, guardianship and child custody and neglect – all invariably use the “best interest of the child” criteria as a paramount factor in the reaching the final order and the legal analysis substantiating that order. The court looks at different but similar legal elements in each family matter to define the “best interest of the child” criteria. In balancing relevant factors in a DC child
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Archives for dc child custody lawyer
DC ADOPTION LAWS: LEGAL PARAMETERS: DC ADOPTION LAWYER
DC adoptions can be categorized as Child and Family Services (“CFSA”) involved or private adoptions. The legal paradigm remains the same. The CFSA involvement could and generally does complicate the process as there are additional requirements to make the child eligible for the federal subsidy. Such requirements are adoption licensing, home study/visits, Interstate Compact (“ICPC”) when applicable, adoption final report, adoption subsidy agreement, federal and state police as well as Child Protection Registry (“CPS” ) clearances just to name a few. Once the CFSA procedural requirements are met, there still remains the legal threshold to completing the adoption and entering
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COURT OF APPEALS DECISION: REVERSING DRUG POSSESSION CONVICTION: DC DRUG LAWYER
In OLUSHOLA AKINMBONI V. UNITED STATES, decided on November 19, 2015, the Court of Appeals reversed the defendant’s conviction for possession of marijuana, BZP, and drug paraphernalia holding that the cellblock cavity search of the defendant was constitutionally impermissible. Here the defendant was pulled over during a valid traffic stop, and marijuana was observed in plain view and the arrest made. The next day at the courthouse cellblock, the defendant was searched again and during that search the US Marshall had observed plastic bags partially protruding from the defendant’s cavity. Defendant was ordered to remove the items (several bags) and
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REVERSING CONFESSION — DC CRIMINAL LAWYER
In Little v. U.S., decided on November 12, 2015, the issue was the constitutionality of the confession, which lead to conviction at trial with little or no collaborating independent evidence. Little was picked up on an abscondence warrant and suspected of being involved in an attempted car robbery and was ushered to the interrogating room. Mr. Little’s cell phone was found inside the car, and although he vehemently denied involvement initially – eventually after several hours of interrogation confessed to the crime. The issue on appeal was the voluntariness of the confession in light of the highly unconventional and aggressive
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MALICIOUS DESTRUCTION OF PROPERTY: RECENT COURT OF APPEALS DECISION
The Court of Appeals in LAWRENCE N. HARRIS v. UNITED STATES, decided on October 29, 2015, reversed the appellant’s conviction for malicious destruction of property. The appellant had shared a home with his mother and sister and while locked out of the property by her mother, the complaining witness, attempted to gain entrance by kicking the front door causing damage to the door and ultimately getting arrested. Appellant was convicted under D.C. Code § 22-303, which states: “[w]hoever maliciously injures or breaks or destroys, or attempts to injure or break or destroy, by fire or otherwise, any public or private
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OHIO v. CLARK — RECENT SUPREME COURT RULING ON CHILD TESTIMONY: DC FAMILY LAWYER
The U.S. Supreme Court in Ohio v. Clark decided on June 18, 2015, addressed admissibility of the non-testimonial statements in the context of child abuse investigation. Clark was trusted with care of his two children L.P., age 3 and A.T. eighteen months while their mother was engaged in prostitution at the direction of Clark. L.P. was observed at school with a black eye, belt marks on his back and stomach, and bruises all over his body. A.T. after further investigation had two black eyes, a swollen hand, and a large burn on her cheek, and two pigtails had been ripped
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ELONIS v. U.S.: FIRST AMENDMENT PROTECTED SPEECH OR CRIMINAL CONDUCT?
The US Supreme Court on June 1, 2015, issued a ruling reversing and remanding the lower court convictions for transmitting threats via Facebook messages. Elonis, an amusement park employee who was going through separation and custody battle with his wife at the time was charged with transmitting threatening messages under 18 U. S. C. §875(c), which makes it a federal crime to transmit in interstate commerce “any communication containing any threat . . . to injure the person of another.” The lower court conviction was based on jury instructions, which did not require proof of intent to issue threats but
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COMMUNITY EXCEPTION TO WARRANTLESS SEARCHES — RECENT COURT DECISION
The Court of Appeals in Steven Davis v. U.S., in an opinion issued on February 26, 2015, expounded and analyzed the doctrine of “community exception” to warrantless search and seizure. Davis was convicted for possession of two zip lock bags of cocaine found in plain view and in his vehicle. The issue on appeal was whether the office had entered Davis’ vehicle pursuant to reasonable exercise of community caretaking function rather than pursuant to a criminal investigation. Factually, the police were alerted when a vehicle was found blocking the entrance to a private apartment building lot. Upon responding, the officer
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PARENTAL FITNESS DEFINED; RECENT COURT OF APPEALS DECISION: DC CHILD CUSTODY LAWYER
The DC Court of Appeals in IN RE PETITION OF S.L.G & S.E.G.; D.A. (No. 14-FS-73) decided on March 5, 2015; once again reiterated and cemented the presumption of parental fitness in a contested adoption proceedings. The case is significant as the Court defined and expanded on the definition of “fitness” and outlined the legal criteria the trial court must use in rendering an opinion. The appellant biological mother contested the adoption petition by the foster family S.E.G. and S.L.G. Evidence established that the child was in the foster home for over two years, well integrated in the home and
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RECENT COURT OF APPEALS RULING — CRIMINAL SENTENCING LAWS
In Tibbs v. United States (No. 13-CF-1425), decided on January 15, 2015, the Court of Appeals remanded the matter to the trial court for further consideration due to criminal sentencing irregularities. Defendant Tibbs sought to withdraw a guilty plea to assault with a dangerous weapon (“ADW”), conspiracy to commit ADW, two counts of voluntary manslaughter, and carrying a pistol without a license. At sentencing, and several months after the plea — at the commencement of appellant’s sentencing hearing, appellant orally moved to withdraw the plea as factually unsupported. After the government’s proffer to the offenses committed, defendant Tibbs had asserted
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