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
Read More
Archives for dc family lawyer
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
Read More
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
Read More
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
Read More
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
Read More
4TH AMENDMENT VIOLATION: LEGALITY OF STINGRAY: DC CRIMINAL LAW
The Court of Appeals in Prince Jones v. U.S., decided on September 21, 2017, considered and evaluated the legality of the police force use of cell site simulator commonly known as “stingray” without a search warrant. The Court in short concluded that deployment of “stingray” without a valid search warrant violated the 4th Amendment of the Constitution and evidence hence collected would be excluded as “fruits of a poisonous tree.” Prince Jones was convicted for sexual assault and robbery (stolen cell phones). The police force shortly after the incident deployed a cell tower simulator to pinpoint his location via his
Read More
REVERSAL DUE TO ERRONEOUS JUROR DISQUALIFICATION
The DC Court of Appeals in Mason v. U.S., decided on September 28, 2017, drastically reversed a set of convictions based on trial error in disqualifying a potential juror. Appellant Mason challenged his convictions for tampering with evidence, destruction of property, obstruction of justice, and unlawful entry contending that the trial court committed a reversible error in disqualifying a potential juror. Juror 7575-B was at the center of this ruling and analysis. During the jury voir dire, juror 7575-B was asked if black men in DC are treated fairly or unfairly by the criminal justice system, and she had responded
Read More
LEGAL DEFINITION OF ESCAPE FROM CUSTODY
The District of Columbia Court of Appeals in Davis v. United States decided on August 10, 2017, reversed an Escape conviction and provided the legal definition for “Lawful Custody” in the applicable Statute. The section of the District of Columbia Code at issue is entitled “Escape from an Institution or Officer (D.C. Code § 22-2601 (a)) and it reads in the relevant part: (a) No person shall escape or attempt to escape from: Any penal or correctional institution or facility in which that person is confined pursuant to an order issued by a court of the District of Columbia; The
Read More
Excited Utterance Exception: Admissibility of the 911 tapes: Recent DC Court of Appeals Decision: Washington DC Criminal Lawyer
Oftentimes in the Washington DC domestic violence assault cases, the complainant does not actually testify for one reason or another. In such cases, the government attempts to introduce the 911 reporting/call of the complainant in lieu of the substantive evidence of assault. If the 911 tape recoding does meet the three prong test for admission; then the recording can and will be admitted and relied upon by the trier of the facts albeit the jury or the judge. The DC Court of Appeals on August 17, 2017, in Pelzer v. U.S., highlighted and outlined the test of admissibility for the
Read More
TREATMENT IN LIEU OF DC CRIMINAL PROSECUTION/DC CRIMINAL DEFENSE LAWYER
The DC Court of Appeals in Paz Cruz v. United States, decided on August 3, 2017, analyzed and highlighted the DC Statute that provides a legal basis for seeking alcohol treatment in lieu of criminal prosecution. Specifically, DC Code § 24-607 provides in pertinent sections that the Court may order a civil commitment for treatment up to a specified period of time a chronic alcoholic who is charged with any misdemeanor and prior to the trial voluntarily and via motion requests “treatment in lieu of criminal prosecution” for such misdemeanor. The Court in such circumstances must determine in a civil
Read More