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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Archives for dc divorce lawyer
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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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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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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WASHINGTON DC STEP-PARENT/DOMESTIC PARTNER ADOPTION: DC FAMILY LAWYER
While the decision to adopt a child can be an exciting one, the complexities of adoption laws and the corresponding regulations can be potentially discouraging or overwhelming for the prospective families. Step-parent adoption is a type of adoption in which a step-parent endeavors to adopt a child of his/her current spouse or domestic partner. Generally, the adoption process for step-parent is less complex as it bypasses some of the requirements, such as the adoption study or required visits, licensing, or the adoption report or CFSA-Child & Family Services’ investigative final report and recommendations. Specifically the court may dispense with the
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TRI-PARENTING; LEGAL DEVELOPMENTS: DC CHILD CUSTODY LAWYER
The concept of multiple parents finds its support amongst many as the vocation of parental duties expands in families undergoing separation as well as homosexual families undertaking a journey to having a child. On March 8, 2017, the Supreme Court Judge of Suffolk County, NY, in the case of Dawn M. vs. Michael M., awarded a legal custody of a 10-year old boy to three parties. A married couple, Dawn and Michael, began a relationship with Dawn’s best friend, Audria. Dawn was unable to have a child, and under the circumstances, all three parties agreed that Michael and Audria would
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Warrantless Use of Cell-Phone Tracking Surveillance Technology by Law Enforcement
Increasing number of cases involving the law enforcement agencies’ warrantless use of cell phone tracking devices has recently promulgated the need for regulations that would address escalating privacy concerns. Metropolitan Police Department has already signed a non-disclosure agreement with the Federal Bureau of Investigation (FBI) enabling the agents to keep all the cell-phone surveillance data private. Commonly known as a Stingray, these detection surveillance devices act as a wireless cell-phone tower broadcasting a strong signal allowing for the Stingray to connect to any cellular device in close vicinity. Consequently, the Department of Justice issued new guidelines preventing the federal agents
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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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