D.C. Child Visitation Rights

By Olivia Wathne, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed December 05, 2024

As a noncustodial parent, you have the right to spend time with your children 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."

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.

Custody and Visitation in D.C.

In Washington, D.C., custody and visitation arrangements are determined based on the child's best interests. There are various types of custody, including physical custody and legal custody. Physical custody is where the child lives. Legal custody involves making major decisions in the child's life.

Joint legal custody allows both parents to share in these major decisions. Sole legal custody means the court has designated one parent to make important decisions.

Joint physical custody 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.

A D.C. family court 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 for the noncustodial parent ensure regular, meaningful contact with their child.

Custodial rights and custody arrangements balance the child's needs with each parent's ability to provide care and maintain a cooperative relationship.

D.C. Child Visitation Laws at a Glance

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.

Relevant D.C. custody and visitation laws	District of Columbia Code (D.C. Code) Division II. Judiciary and Judicial Procedure: Section 16-914 (custody of children) Section 16-914.02 (visitation rights of parents/military deployment)
Limitations on parental visitation rights	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. 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. 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.
Grandparent rights	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. D.C. law 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.
Visitation rights of parents during military deployment	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. 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. A temporary order will state the following: That the basis of the order is the deployment of a military parent; and The temporary order will terminate, and the permanent order will resume within 10 days after notice of the deploying parent's ability to resume visitation. This is unless the court finds that resumption of the visitation order in effect before the deployment is no longer in the child's best interests. A deploying parent may also request the delegation of their visitation time with the child during the deployment to a family member with a close and substantial relationship with the child if that is in the child's best interests.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any D.C. laws you are reviewing.

Visitation Best Interests Factors and Schedule

In Washington, D.C., the court considers several factors when deciding visitation schedules to ensure they align with the best interests of the child. Some of these factors include:

The child's age
The parents' wishes
The child's home and school life
The child's mental health
The child's adjustment to the visitation schedule
The demands of parental employment
Prior involvement of each parent
Each parent's ability to communicate and cooperate
Any impact on benefits such as Temporary Assistance for Needy Families (TANF) or medical assistance

The court also takes into account any history of child abuse or domestic violence, the sincerity of each parent in fostering a relationship with the other parent, and the wishes of the child, depending on their age and maturity.

The goal is to create a visitation schedule that promotes stability and consistency. Schedules can vary from alternating weekends and holidays to more frequent visits. The schedule gets tailored to the specific needs and circumstances of the child and the child's parents.

The Parenting Plan or Agreement

As in most states, District of Columbia law encourages parents to reach agreement on the visitation schedule. The court will adopt the child's agreed-upon parenting plan or living arrangement. This is unless there is clear and convincing evidence that it is not in the child's best interests.

The court may and often will order the parties in a contested child custody case to file their proposed parenting plan for consideration. The court will demand details in such a plan, including:

The home of the child
Visitation schedule, including holidays
Child support
The protocols for transporting and exchanging the child
The child's education
Decision-making over matters involving school, health care, and other important issues
Communication

When parties in a contested case have trouble resolving their issues, the court may send them to mediation to attempt to reach an agreement.