Posted by DivorceLine in District of Columbia (D.C.) Child Custody Laws
The best interest of the child will be the primary consideration in awarding custody. The court favors joint custody unless there is evidence of an intrafamily offense, abuse, neglect, parental kidnapping. The following factors are used in determining the best interest of the child:
a) The wishes of the child, where practicable.
b) The wishes of the parents regarding custody.
c) The relationship of the child with each parents, his or her siblings, and any other person who may affect the child’s best interest.
d) The child’s adjustment to home, school, and community, as well as the possible disruption of the child’s social and school life.
e) The physical and mental capability of each parent.
f) The willingness of the parents to share custody, communicate, and reach shared decisions.
g) Each parent’s prior involvement in the child’s life.
h) The demands of parental employment and the parents ability to support a joint custody arrangement.
i) The age and number of children.
j) The sincerity of each parent’s request, and the benefits to the parent.
[Based on District of Columbia Code - Title 16 - Chapter 9 - Section 16-914]
Child Support:
Both parents are responsible for the support of their children, and the payment of child support is gender-neutral. Child support is determined by the income-shares model, meaning that the level of child support will amount to a set percentage of the non-custodial parent’s income, and may be adjusted according to the age of the children. Prior child support orders that are being paid shall be deducted from a parent’s income before the child support obligation is computed.
The support guidelines shall be applied unless the resulting support would unjust or inappropriate. In such instances, factors that may be considered to deviate from the guidelines are:
a) The needs of the child are exceptional;
b) The non-custodial parents income is substantially less than that of the custodial parent;
c) The property settlement provides resources for the support of the child in an amount at least equivalent to the guideline amount;
d) The non-custodial parent needs a temporary reduction in the level of support (but not for more than 12 months) to help pay off debt or rearrange financial obligations;
e) The cost of medical coverage paid for by the custodial parent is significant in comparison to the level of child support ordered;
f) The custodial parent is receiving child support from more than one non-custodial parent to the extent that the standard of living is higher than that of the non-custodial parent; or
g) Any other factors that would make the standard child support determination unfair.
In cases of shared custody, where the child spends at least 40% with each parent, the guidelines are not presumptive, but rather advisory, and may be adjusted at the discretion of the court using the modified guidelines set for such circumstances. Child support orders shall include provisions for wage withholding, and health coverage.
[Based on DC Code - Title 16 - Chapter 9 - Sections 16-916.01]
