This blog focuses on the DC child neglect and abuse laws and some of the procedural aspect of a court involved case. Generally a child neglect and abuse case commences with reporting of some kind to the CFSA (“Child and Family Services”). There are those who are according to the DC Neglect Statute are mandatory reporters. The school and all those involved and have contact with the child at school setting, doctor’s offices, social workers, hospitals, police officers, etc. Regardless, when a report to hotline has been made, an investigative social worker is assigned to conduct a preliminary investigation. That
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Archives for Family Law
DC CHILD SUPPORT LAWS — HIGHLIGHTS
This blog highlights some of the basic DC Child Support Guidelines and the related child support calculation and obligation. Along with divorce, separation, and filing of child custody papers, invariably and eventually the child support aspect of separation has to be addressed. If the matter is court involved, that is – parties have not reached a global agreement addressing divorce, alimony, custody and support – then the court will most likely apply the Child Support Guidelines (hereafter “guidelines”) to determine each parent’s portion of support. The guidelines enumerate and provide an equitable formula to calculate support for each parent principally
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DC CHILD CUSTODY LITIGATION: WHAT IS THE BEST INTEREST CRITERIA
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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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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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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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 REVERSING TERMINATION OF PARENTAL RIGHTS (TPR) —
In the recent opinion issued by the Court of Appeals in IN RE D.M.; T.M., (March 13, 2014), the Court once again articulated that when a biological parent is unable to care for his or her child, her choice of a fit custodian must be given a weighty articulated consideration by the trial court. T.M., the biological mother of D.M., appealed successfully her termination of parental rights by the trial court. She argued on appeal that the lower court erred by “failing to give weighty consideration to the third-party custodial arrangement” she set forth as a placement option and in
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De Facto Parent/Third Party Custody Actions: Legal Principles and Recent Relevant Court of Appeals Case:
In the District, the child custody statute extends rights upon third party and de factor parent custodians. That is, if an individual can establish by clear and convincing evidence that he/she is either a de facto parent or a third party custodian of a child – then the Statute allows for filing and litigating the custody action against the parent seeking order for grant of physical/legal custody to the third party custodian or to the de factor parent. Specifically, de facto parent is defined as an individual who has either: (i) Lived with the child in the same household at
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RECENT COURT OF APPEALS RULING
In another recent opinion issued by the Court of Appeals, the Court applied the same legal principles emphasized and enumerated in IN RE TA. L. (No. 11-FS-01217, 2013 WL 4779715), also recently issued on August 22, 2013 – but with entirely different outcome. The Court in In RE TA. L., clearly re-established that when the biological parents have designated a preferred custodian, the trial court can only overcome their choice by finding with clear and convincing evidence that their choice is contrary to the best interests of the child. There the Court ruled that the parents’ choice of custodian was
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RECENT COURT OF APPEALS NEGLECT REVERSAL
In yet another recent case, it appears that the Court of Appeals has gradually shifted the standard of review in favor of the biological parent and the parental rights and preferences. In the previously blogged and reviewed cases, the competing adoptions with a parental preference and a fit father’s custody filing — were both considered and analyzed – and in each of these recent cases, the Court had sided with the parental preference arguably raising the bar to overcome parental preferences and here to find neglect against a parent. In IN RE K.M., decided on September 12, 2013, the Court
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