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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Archives for dc child custody lawyer
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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RECEIVING STOLEN PROPERTY ELEMENTS; COURT OF APPEALS REVERSAL
The Court of Appeals in Williams v. United States decided on March 23, 2017, reversed the conviction for receiving stolen property and remanded the case to the trial court. The underlying facts were that four men had approached a police office to borrow his phone to and to report a robbery. The next day the same officer detained and searched the defendant who was found in possession of four identification cards that matched the same four men who had approached the officer earlier. The trial court found the circumstantial evidence to be compelling enough to warrant the conviction. Specifically, the
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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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CHILD CRUELTY REVERSAL: DOCTRINE OF INHERENT INCREDIBILITY
In DION M. SLATER-EL v. UNITED STATES, decided on July 7, 2016, the DC Court of Appeals reversed a second degree child cruelty case while applying a rather rare and archaic legal doctrine: the doctrine of inherent incredibility. The child cruelty statute specifically provides: A person commits the crime of cruelty to children in the second degree if that person intentionally, knowingly, or recklessly . . . [m]altreats a child or engages in conduct which causes a grave risk of bodily injury to a child[.]‖ D.C. Code § 22-1101 (b)(1). The facts of the case gave rise to the doctrine
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WASHINGTON DC CHILD ABUSE AND NEGLECT LAWYER
This blog focuses on the DC child 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 would
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DC DIVORCE LAWYER/LAWS:
A divorce decree cannot be granted in the District unless the following separation criteria have been met: Parties have “mutually and voluntarily” lived separate and apart from one another without cohabitation for a period of six months prior to commencing of an action or that; parties have lived separate and apart without cohabitation for a period of one year prior to commencing the action. In the second category most likely the separation has been court ordered as it would not have been “mutually and voluntary.” Thus the statute requires a legal separation before issuing a divorce decree and the legal
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DC CHILD ABUSE AND NEGLECT LAWS
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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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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