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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Archives for dc family lawyer
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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Justice Department v. Apple Computer: IPHONE SEARCH AND SEIZURE
In an ongoing criminal investigation, the Justice Department in the Eastern District of NY, on October 9, 2015, requested an order pursuant to all Writs Act, 28 U.S.C. § 1651, to compel Apple to “disabl[e] the security of an Apple device that the government has lawfully seized pursuant to a warrant.” This case has brought to the forefront once again the balancing act between the need from the law enforcement to decode encrypted devices (the going dark problem), prevailing privacy issues, and the lack of Congressional authority to compel third party private manufacturers to cooperate with the government or to
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DC ASSAULT LAWYER – — SELF DEFENSE NOT VIABLE
The Court of Appeals in Travers v. U.S., issued on October 8, 2015, revered multiple felony assaultive convictions because the defendant was restricted at trial to fully either testify or to elicit testimony to bolster his self-defense theory. Travers was convicted of assaulting his sister Bethel during a domestic dispute where the complaining witness, his sister had directed her boyfriend/Scott to “get him”, Travers that is. Travers alleged that in self-defense he had used a golf club to swing at the boyfriend and had accidentally hit his sister, the complaining witness. Travers argued that the court erred by precluding him
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RECENT COURT OF APPEALS DECISION: VALIDITY OF MIRANDA WARNING
The Court of Appeals in IN RE S.W., decided on September 17, 2015, reversed conviction due to faulty Miranda rendering post arrest interrogation inadmissible. SW after trial was convicted of: (1) carjacking, (2) attempted unauthorized use of a motor vehicle, (3) unlawful entry of a motor vehicle, and (4) threats to do bodily harm. The post arrest interrogation was deemed admissible as the trial court deemed confession valid and Miranda warning appropriate, the Court of Appeals disagreed as closer analysis of the Miranda warning administered and the dialog before the warning was deemed too coercive. Specifically, the appellant argued that
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THE DOUBLE JEOPARDY CLAUSE: RECENT COURT OF APPEALS DECISION
The Court of Appeals in STANLEY MOGHALU v. UNITED STATES, decided on August 13, 2015, clarified preserving the double jeopardy defense to retrial for appellate review. Stanley Moghalu was charged with unlawful possession of a firearm (“UPF”) and carrying a pistol without a license (“CPWL”). The case at the trial level was declared a mistrial twice as the jury could not “return a unanimous verdict that would be anything other than forced.” The first trial the court granted mistrial at the request of defense counsel, and the second trial the court granted a mistrial over defense objection that anti-lock instructions
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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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RECENT COURT OF APPEALS REVERSAL —
The Court in Andrade v. U.S., (No. 13-CM-224), an opinion issued on January 8, 2015, reversed the assault conviction based on erroneous admission of testimonial evidence by the trial court. Specifically, appellant Andrade argued his 6th Amendment right to confront the complaining witness was violating in allowing the witness-complainant’s statement to the police office to be admitted as substantive evidence. The relevant facts are as follows: Ms. Reed (the complainant) had called 911 indicating that her boyfriend Danny Andrade had gotten into an argument with her and that Mr. Andrade “been putting his hands on [Ms. Reed].” Ms. Reed, who
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COURT OF APPEALS REVERSES ON 4TH AMENDMENT GROUNDS
In the recent Court of Appeals case: In re D.M. (11-FS—1125) decided on July 10, 2014, the Court reversed the lower court conviction for second- degree burglary, felony destruction of property, and second-degree theft based on 4th amendment violations. Essentially DM and other juveniles were indentified breaking into a property and removing items from the home. DM was seen at the scene by an eyewitness and a look out was broadcasted. Subsequently DM was located and held by the detective pending a show up by the eyewitness. The Court justified in reversing the convictions and holding that there was an
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