District of Columbia Recent Legal Answers from Lawyers

If you just had minor bruising, there is likely no need to sue.  Just make a claim against the auto insurance company for the at fault driver.  If all you and your daughter have is minor bruising, it is likely you will be able to reach a settlement with the at fault driver's auto insurance company.  Good luck with this matter.... Read More

Your facts are not clear.? You say temporary custody was granted. A family member (her family or yours) could only get such through a third party custody proceeding as they had not standing (not part of the case between you and the mother.)? The answer to the question is, yes, you have to present yourself in front of a judge in the third party case to say I am now out of jail, I have solved the deficiency I had for having lost custody for a time, and I should now have custody of my child(ren.)? If your original order giving you custody was from a dependency, then the question is would the dependency court agree you have resolved any problems with you having custody.? The third party court might say, prove you are okay now - meaning get a psych evaluation or pass a drug test given over two or three weeks, just to give them some basis for proving your statement.? Keep in mind it is the safety of the children, not your possessary "right" to have them. So expect to have to prove you will keep them safe, no matter why you got arrested.? Now if the mother with the help of family got the court in the file where both of you had standing, the answer would be the same, yes, you have to appear before a judge to undo what was done because of your arrest, but the process will be more complicated.... Read More

If you were never married to the father and no paternity action has been commenced, then you have all the time-sharing and decision-making authority over the child and you may move with the child without notice to the father. However, both parents have a legal obligation to financially support their child.... Read More

The birth certificate is only marginally relevant in this situation. What matters is whether the parents signed a document called an Affidavit of Parentage or if there is court order for joint legal custody. If there is no Affidavit of Parentage (or a court order for joint legal custody) the mother can move but if the father finds her he can sue to establish paternity and ask for visitation, etc.... Read More

I have to make some assumptions here. Since the father isn't on the birth certificate has he been adjudicated as being the father? Is there a court order awarding custody, visitation, child support? If not then there is nothing to prevent the mother from leaving the state with the child. If there is some type of order then the mother should give the father notice as soon as she can of her intent to leave the state.... Read More