This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
District of Columbia USLegal Pamphlet on Primary Custody
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Multi-State
Control #:
US-PMPH-16
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Word;
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Crucial Factors. While there's no Magic 8 Ball, you can expect the judge to consider the following factors before making a decision: Any confirmed evidence of domestic violence, abuse, or neglect by either parent. Each parent's ability to provide for the children's physical needs, emotional wellness, and medical care.
Physical custody means who the child is physically with at any given time as well as which parent they live with on a regular basis. Physical custody can also involve visitation rights of a parent. In DC, there is a presumption of joint custody, which usually means a presumption of shared legal and physical custody.
A parent who has sole legal custody has the exclusive right to make important decisions about their child's life involving education, religious and cultural upbringing, medical and mental health needs. While one parent may have sole physical custody, the other can still have visitation rights.
Child's Preference What this means is that there's no minimum age when a judge must listen to a child's opinion. A child who is old enough to express a well-reasoned preference should be listened to under D.C. law. In most cases, a child who is eight or nine can express a preference in a custody case.
When two parents are not married and have a child together, the mother would be provided complete parental privileges unless and until the father establishes paternity.
However, the judge can award sole custody if the judge decides that joint custody is not in the child's best interest, or if there has been child abuse, child neglect, parental kidnapping, or domestic violence.
What are the different types of custody in Washington, D.C.? Physical custody means the child's living arrangements and visitation schedule, and pertains to parents having physical responsibility for the daily care of the child. Legal custody means legal responsibility for the child.