This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
District of Columbia USLegal Guide to Temporary Custody
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US-GDE-05
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§ 16-4602.04. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
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.
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.
In order to be awarded temporary custody you must file a request for a pendente lite hearing and request pendente lite custody in the Complaint for Custody or Divorce. Legal and Physical Custody ? Final court-ordered custody orders have two components, legal and residential.
Overview of Child Custody in D.C. There are two types of custody a judge must evaluate in any case involving children: physical and legal custody. A parent who has "physical custody" of a child, primarily lives with the child.
D.C. custody laws require a judge to consider a child's preference whenever it's reasonable to do so. 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.
Sole custody is only awarded when the court has determined that joint custody is not in the best interests of the child. For example, if there is a finding of severe domestic violence, child abuse or neglect, or abandonment, then an award of sole custody may be the only way to protect the survivor and the child.