{"id":372226,"date":"2019-02-28T17:13:27","date_gmt":"2019-02-28T22:13:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/dc-law\/d-c-child-visitation-rights.html"},"modified":"2024-12-05T11:11:15","modified_gmt":"2024-12-05T16:11:15","slug":"d-c-child-visitation-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/dc-law\/d-c-child-visitation-rights.html","title":{"rendered":"D.C. Child Visitation Rights"},"content":{"rendered":"\n
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D.C. Child Visitation Rights<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

As a noncustodial parent, you have the right to spend time with your children<\/a> even if they don’t live with you most of the time. In some states, this time is "parenting time." The District of Columbia uses the terms "visitation" or "access."<\/p>\r\n

Although you’re entitled to spend time developing a meaningful relationship with your child, this right to parental visitation isn’t absolute. If you engage in specific behavior, your visitation rights may get restricted to supervised visitations or denied completely.<\/p>\r\n

Custody and Visitation in D.C.<\/b><\/h2>\r\n

In Washington, D.C., custody and visitation arrangements are determined based on the child’s best interests<\/a>. There are various types of custody, including physical custody<\/a> and legal custody<\/a>. Physical custody is where the child lives. Legal custody involves making major decisions in the child’s life.<\/p>\r\n

Joint legal custody allows both parents to share in these major decisions. Sole legal custody<\/a> means the court has designated one parent to make important decisions.<\/p>\r\n

Joint physical custody<\/a> ensures the child spends substantial time with each parent. In some cases, one parent gets sole physical custody. That’s when the child primarily lives with that parent.<\/p>\r\n

A D.C. family court<\/a> will generally encourage joint physical custody to support strong parental rights and relationships. But a court will grant sole physical custody if it is in the best interests of the child. Visitation rights<\/a> for the noncustodial parent ensure regular, meaningful contact with their child.<\/p>\r\n

Custodial rights and custody arrangements balance the child’s needs with each parent’s ability to provide care and maintain a cooperative relationship.<\/p>\r\n

D.C. Child Visitation Laws at a Glance<\/b><\/h2>\r\n

Even after reading the relevant statutes, it’s often difficult to understand the exact meaning of the law. Use the chart below for clear introductory information about D.C. laws on child visitation rights.<\/p>\r\n\r\n
Relevant D.C. custody and visitation laws<\/th>\r\n

District of Columbia Code<\/b> (D.C. Code)<\/p>\r\n

Division II. Judiciary and Judicial Procedure:<\/p>\r\n

Limitations on parental visitation rights<\/th>\r\n
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  • D.C. law denies a parent access to their child if that parent has been convicted of first-degree sexual abuse, second-degree sexual abuse, or child sexual abuse and the child was conceived because of that crime.<\/li>\r\n
  • In cases where a judicial officer finds by a preponderance of the evidence that a parent committed an intra-family offense, child abuse, child neglect, or parental kidnapping, there is a presumption against joint custody.<\/li>\r\n
  • In cases where a judicial officer finds a parent committed an intra-family offense and then awards visitation or custody to the abusive parent, it must make specific findings to support the court order. If awarding an abusive parent visitation, the court must find that the child and the custodial parent can be protected from harm.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Grandparent rights<\/th>\r\n

The District of Columbia doesn’t have any specific laws that grant grandparents the right to go to court to get child visitation. Grandparents who want to file a petition for visitation must review case law to determine the scope of any grandparents’ visitation rights.<\/p>\r\n

D.C. law<\/a> does allow a third party to seek custody under very limited circumstances. There’s a rebuttable presumption in D.C. courts that parents are fit to make decisions about visitation. The courts presume that parents act in their child’s best interests, even if that includes banning grandparent visitation.<\/p>\r\n<\/td>\r\n<\/tr>

Visitation rights of parents during military deployment<\/th>\r\n

A deploying parent may file a motion with the court to request an expedited hearing to get a child visitation order when there isn’t an existing visitation or custody order.<\/p>\r\n

A deploying parent (or a non-deploying parent where the other parent is on deployment or has an order) may file a motion to request a temporary visitation order modifying the terms of an existing order. This may include increasing the child’s availability for telephonic communication, email, etc., with the deployed parent.<\/p>\r\n

A temporary order will state the following:<\/p>\r\n