District of Columbia Child Custody Legal Questions

In DC, you will have to file a motion to modify custody.  (DC Code 16-914(f))  In your motion you have to detail why you believe this is a substantial and material change in circumstances.  You must also explain why it is in the best interest of child to live with you at this point.   The fact she no longer lives with the father, but with an ex-girlfriend should qualify as a substantial and material change in circumstances.    You file in the state that issued the order, assuming the child still lives in that state or had lived in the state six month prior to filing for the petition.  If you don't want to hire an attorney, you may be able to download the forms from the court's website.  Otherwise, call the clerk's office to determine if you can walk in and pick up the packet. If you plan to file in DC, the DC Bar has free legal information at https://www.dcbar.org/pro-bono/free-legal-help.cfm .  Although you may not qualify for a pro bono attorney, the website also has free legal information and forms online that is available to everyone. This includes a 25 page handbook that covers family law issues.  This should be helpful in answering most of your questions.   See http://www.lawhelp.org/files/7C92C43F-9283-A7E0-5931-E57134E903FB/attachments/B59386E1-BCFD-4AE8-99A6-8C4F08342AAD/dr-handbook-for-self-represented-parties.pdf .  Once you review the information that is relevant to you, you may be able to handle it yourself or you may need assistance.   ... Read Answer

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 Answer

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 Answer

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 Answer

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 Answer