- To determine that the presumption favoring parental custody has been rebutted, the court must find, by clear and convincing evidence, one or more of the following factors:
- That the parents have abandoned the child or are unwilling or unable to care for the child;
- That custody with a parent is or would be detrimental to the physical or emotional well-being of the child; or
- That exceptional circumstances, detailed in writing by the court, support rebuttal of the presumption favoring parental custody.
- The court shall not consider a parent's lack of financial means in determining whether the presumption favoring parental custody has been rebutted.
- The court shall not use the fact that a parent has been the victim of an intrafamily offense against the parent in determining whether the presumption favoring parental custody has been rebutted.
- If the court concludes that the parental presumption has not been rebutted by clear and convincing evidence, the court shall dismiss the third-party complaint and enter any appropriate judgment in favor of the parent. The court shall only address the factors set forth in § 16-831.08 once the presumption favoring parental custody has been rebutted.
Historical and Statutory
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Act Amendments
For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
Legislative History of Laws
For Law 17-21, see notes following § 16-831.01.
For Law 17-353, see notes following § 16-571.01.
DC CODE § 16-831.07
Current through December 11, 2012
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(h), 56 DCR 1117.)