District of Columbia Child Custody Laws

Parents often come to an agreement on child custody when they separate. These arrangements include how they will make major decisions regarding their child moving forward (referred to as "legal custody") and how they will share time with the child (referred to as "parenting time," "timesharing," or "physical custody," depending on the state). If parents are unable to come to an agreement, the courts will decide the best way forward based on state child custody laws.

Each state has its own laws governing child custody. The same is true in our nation's capital. This article provides a quick summary of the laws in Washington, D.C. that govern who gets child custody and how the courts reach that determination.

Types of Custody

Courts can award sole legal custody, joint legal custody, sole physical custody, joint physical custody, or whatever other form of custody is determined to be in the child's best interests.

D.C. law includes a presumption that joint custody is in the best interests of the child, though this presumption can be rebutted in custody proceedings. When determining custody arrangements, D.C. courts consider various factors that include the child's living arrangements, health care needs, mental health, and the ability of each parent to participate in important decision-making.

Red flags such as domestic violence, child abuse, child neglect, and parental kidnapping can reverse the presumption in favor of joint custody and instead favor sole custody. In addition, the court assesses each parent's capability to make sound decisions regarding the child's welfare, ensuring that the final custody arrangement supports the child's overall well-being.

District of Columbia Child Custody Laws: The Basics

Reading the actual law on point is an important step in legal research. It can also be helpful to get an overview of the laws in a given area before wading deeper into specific statutes.

The following table provides an overview of child custody laws in D.C., as well as links to applicable statutes. You can find more related resources in FindLaw's extensive Child Custody section.

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 state law(s) you are researching.

Determining Child Custody in D.C.

Courts hearing child custody proceedings will make determinations about custody, parenting time, childcare, child support, and other matters. A family court making custody decisions has considerable flexibility to reach a solution that's in the best interests of the child.

Custody proceedings often arise in divorce cases where the parties have minor children. For unmarried parents, a custody action may follow a parentage action that determines the child's legal father.

A family court judge may recommend that parents engage in child custody mediation prior to a court hearing. If parents can agree on a parenting plan in mediation, then they may request that the court adopt their agreement as a court order. Parents are often more satisfied and likely to comply with custody and parenting time arrangements that they reached by agreement.

The judge may also appoint a Guardian ad Litem (GAL) to investigate the parents' concerns over custody issues. The GAL may make recommendations to the court as to what outcome is in the child's best interest.

If the parents cannot agree on a parenting plan, then the court may require each party to file a proposed parenting plan for the court's review. The parties may testify, call witnesses, and provide other evidence at a contested hearing.

Factors considered in a custody determination include the wishes of the child, the state of the child's health, the child's living arrangements, and the child's parents' wishes. The court may consider the prior involvement of each parent in the child's life and any evidence of domestic violence. The child's home, school life, and community interests, as well as the parents' ability to work together, also enter into the equation.

The court will issue a custody order. It may include a detailed visitation schedule and parenting plan. The custody order will be a legally binding court order, ensuring that both parental rights and responsibilities are clearly defined and upheld.

District of Columbia Child Custody Laws: Related Resources

The links listed below offer the opportunity for further research on relevant laws in D.C.:

• D.C. Child Visitation Rights
• Protection for Unmarried Parents in D.C.
• District of Columbia Family Laws
• D.C. Forms - Parenting Plan
• Child Custody

Find Out How D.C. Child Custody Laws Apply to You: Talk to a Lawyer

It can be difficult for couples to agree on child custody decisions, especially if they're in the middle of getting a divorce. If you'd like help with your child custody case, it's best to speak with an experienced child custody attorney who can explain and protect your rights under District of Columbia child custody laws.