Washington DC Child Custody Relocation Cases
In any DC child custody case where a parent wants to relocate out of DC with the child, the court must look at ten additional custody factors in addition to the seventeen factors set forth above. These ten factors are known as the Estopina factors after the court case that outlined them. The ten additional factors are:
- The strength of the relationship of the child with each parent
- The individual resources, temperament, and special development needs of the child;
- The psychological stability of the relocating parent and the parenting effectiveness of both parents
- The success of the current custody arrangement and the effect the proposed relocation will have on its stability and continuity
- The advantages and disadvantages of the proposed relocation, including the potential disruption of the child’s social and school life and a comparison of the educational, health, and extracurricular opportunities the child would have in each location;
- Any benefits to the child likely to be derived from the parents’ improved circumstances
- The feasibility of an alternative visitation and access schedule, including the geographic proximity of and travel time between the parental homes as this relates to the practical considerations of the child’s residential schedule;
- The motivations of the parents in proposing and opposing relocation;
- The effect the move will have on the child’s relationship with the non-custodial parent and
- The extent of any conflict between the parents and the recent marital separation
DC Child Custody Lawyers
Washington DC sees a large number of people moving in and out of the city and surrounding areas, which can make it unclear which court has authority to hear your case.
The starting point is "home state" jurisdiction. For a DC court to hear your custody case, your child must have been living in Washington, DC, for at least six months before you file. This rule comes from the Uniform Child Custody and Jurisdiction Enforcement Act.
There are exceptions to the home state rule, and other ways to establish jurisdiction. A child custody lawyer in Washington, DC, can walk you through how jurisdiction applies to your specific situation.
Types of Child Custody in DC
DC law presumes joint custody, but courts can order several different arrangements depending on what is in the child's best interest.
Physical custody determines where the child lives. Legal custody determines who makes decisions for the child, such as choices about education, healthcare, and religion. Courts can award sole or joint versions of each, or any combination.
Sole physical custody means the child lives with one parent and the other parent has no visitation. Sole legal custody means one parent makes all major decisions for the child. Joint custody means both parents share in the child's care and decision-making, but joint custody does not automatically mean a 50/50 split of time.
In making a decision on how DC Child Custody is awarded the court looks to seventeen factors that are found in the DC Code. Those factors are:
(A) the wishes of the child as to his or her custodian, where practicable;
(B) the wishes of the child’s parent or parents as to the child’s custody;
(C) the interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may emotionally or psychologically affect the child’s best interest;
(D) the child’s adjustment to his or her home, school, and community;
(E) the mental and physical health of all individuals involved;
(F) evidence of an intrafamily offense as defined in section 16-1001(5) [now § 16-1001(8)];
(G) the capacity of the parents to communicate and reach shared decisions affecting the child’s welfare;
(H) the willingness of the parents to share custody;
(I) the prior involvement of each parent in the child’s life;
(J) the potential disruption of the child’s social and school life;
(K) the geographic proximity of the parental homes, as this relates to the practical considerations of the child’s residential schedule;
(L) the demands of parental employment;
(M) the age and number of children;
(N) the sincerity of each parent’s request;
(O) the parent’s ability to financially support a joint custody arrangement;
(P) the impact on Temporary Assistance for Needy Families, or Program on Work, Employment, and Responsibilities, and medical assistance; and
(Q) the benefit to the parents.
In addition to these factors, the court will examine any other relevant issue related to child custody in DC.
Modification of Child Custody in Washington DC
If an existing DC Child Custody Order needs to be modified, that can be done in certain circumstances. As with all DC child custody matters, modification is based on what is in the child’s best interest. Generally speaking, the parent seeking to change child custody in DC has to show that there has been a substantial and material change in circumstances that affects the child’s best interest. Depending on whether the child Custody in DC was entered via consent, meaning the parents agreed to it, or by trial after the court takes evidence, the burden may be greater on the parent seeking to modify the child custody in DC. A child custody lawyer in Washington, DC can help evaluate your case to determine if a DC child custody order can be modified and how to best present your case for child custody in DC.
Child Support
When a DC court issues a child custody order, it typically addresses child support at the same time. Child support in DC is governed by the DC Child Support Guidelines.
The guidelines take into account a range of factors, including how much time each parent spends with the child, each parent's income, any alimony paid or received, other children each parent supports, reasonable childcare costs, health insurance for the child, and any extraordinary unreimbursed medical expenses.
The guidelines are presumptive, meaning the calculated amount is what the court will order in most cases. If the parents' combined income exceeds $240,000, the court may order additional support beyond the guideline amount based on the family's circumstances.
Child support can be modified if there is a substantial and material change in circumstances. If the change would cause support to increase or decrease by 15% or more, there is a presumption that modification is in the child's best interest.
Options to Resolve Disputes Regarding Child Custody in DC
In most DC custody cases, judges refer parents to some form of mediation before going to trial. The assumption is that parents are better positioned than a judge to determine what works best for their child.
There are three common mediation options:
- Multi-Door Dispute Resolution is a free service offered through DC Superior Court. It provides up to five one-hour sessions, typically held weekly. Attorneys are generally not part of this process.
- Alternative Dispute Resolution (ADR) is a court-ordered process where the parties jointly select a mediator from a court-approved list. If they cannot agree, the court selects one. Mediators on the list offer services at a significantly reduced rate. Sessions are scheduled for four hours, either in one block or two two-hour sessions. The parties can agree to continue beyond four hours, but the reduced rate only applies to the first four. Each party's attorney is typically involved in ADR.
- Direct settlement discussions allow the parties to negotiate on their own or through their respective attorneys, without a formal mediator.
If mediation does not produce a resolution, the case goes to trial and a judge decides based on the child's best interests.
Other Ways Our Child Custody Lawyers in Washington DC Can Help With Your Case
In many child custody cases, there will be a need for other third-party professionals, such as a guardian ad litem, vocational expert, parenting coordinator, and mental health professional, to become involved. Our Child Custody Lawyer in Washington, DC can help you maneuver the decision on whether and how to involve these third-party professionals and whom to choose to fill those roles. If you and your partner have already reached a tentative agreement on custody, our Child Custody Lawyer in DC can review your agreement to make sure it covers everything it should and what else might be important to add or address. We can also work with you to help you get your custody agreement entered into a court order and ensure the process goes smoothly and quickly.