reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.06. Award of custody to third party

§ 16–831.06. Award of custody to third party.
(a) The court shall award custody of the child to the third party upon determining:
(1) The presumption in favor of parental custody has been rebutted; and
(2) Custody with the third party is in the child’s best interests.
(b) The third party seeking custody shall bear the burden of rebutting the parental presumption by clear and convincing evidence.
(c) In any proceeding under this chapter, the court may appoint counsel for the parent of the child should the court deem it appropriate in the interest of justice. The court also may appoint a guardian ad litem for the child and counsel for the third party.
(d)(1) Notwithstanding any other provision of this chapter, the court shall enter an order for any custody arrangement that is agreed to by the parents and the proposed custodian or custodians, including custody based on revocable parental consent, unless clear and convincing evidence indicates that the arrangement is not in the best interests of the child.
(2) If one parent agrees and the other parent does not timely object after having been properly served with process and the proposed arrangement, the arrangement shall be deemed to be agreed to by the parents.
(3) In any proceeding to assess a proposed arrangement under this subsection, the proposed custodian or custodians shall be full parties.
(e) If custody is awarded under this chapter to a third party, the court shall issue an order that provides for frequent and continuing contact between the parents and the child and encouraging love, affection, and contact between the child and the parents, unless the court determines that such an order is not in the best interest of the child.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(g), 56 DCR 1117.)
Section References
This section is referenced in § 16-831.11.
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.07. Findings necessary to rebut the parental presumption by clear and convincing evidence

§ 16–831.07. Findings necessary to rebut the parental presumption by clear and convincing evidence.
(a) 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:
(1) That the parents have abandoned the child or are unwilling or unable to care for the child;
(2) That custody with a parent is or would be detrimental to the physical or emotional well-being of the child; or
(3) That exceptional circumstances, detailed in writing by the court, support rebuttal of the presumption favoring parental custody.
(b) The court shall not consider a parent’s lack of financial means in determining whether the presumption favoring parental custody has been rebutted.
(c) 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.
(d) 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.
(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.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.08. Factors to consider in determining best interests of child

§ 16–831.08. Factors to consider in determining best interests of child.
(a) In determining whether custody with a third party, pursuant to this chapter, is in the child’s best interests, the court shall consider all relevant factors, including:
(1) The child’s need for continuity of care and caretakers, and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages;
(2) The physical, mental, and emotional health of all individuals involved to the degree that each affects the welfare of the child, the decisive consideration being the physical, mental, and emotional needs of the child;
(3) The quality of the interaction and interrelationship of the child with his or her parent, siblings, relatives, and caretakers, including the third-party complainant or movant; and
(4) To the extent feasible, the child’s opinion of his or her own best interests in the matter.
(b) There shall be a rebuttable presumption that granting custody to a third party who has committed an intrafamily offense is not in the best interest of the child.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(i), 56 DCR 1117.)
Section References
This section is referenced in § 16-831.07.
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.09. Pendente lite relief

§ 16–831.09. Pendente lite relief.
(a)(1) During the pendency of any proceeding under this chapter, the court may determine, in accordance with the provisions of this chapter, the custody of the child pending final determination of that issue.
(2) The pendente lite hearing shall be held no later than 30 days after a party requests a pendente lite custody determination by the court.
(3) The court may enter any appropriate pendente lite relief pursuant to the provisions of this chapter.
(4) Except when all parties consent to the pendente lite order, the court shall issue written findings.
(b)(1) Unless the parties agree otherwise, any pendente lite order shall include a date certain for trial on the complaint or motion, not to exceed 120 days from issuance of the pendente lite order.
(2) Extensions of the trial date will not be routinely granted. Only upon motion of a party or on the court’s own motion and a showing of good cause may the trial date be extended. Any order extending the trial date shall be accompanied by written findings.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(j), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.10. Effect of a third-party custody order

§ 16–831.10. Effect of a third-party custody order.
An order awarding physical or legal custody of a child to a third party shall not terminate the parent and child relationship, including:
(1) The right of the child to inherit from his or her parent;
(2) The parent’s right to visit or contact the child, except as limited by court order;
(3) The parent’s right to consent to the child’s adoption;
(4) The parent’s right to determine the child’s religious affiliation; and
(5) The parent’s responsibility to provide financial, medical, and other support for the child.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(k), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.11. Modification or termination of orders

§ 16–831.11. Modification or termination of orders.
(a) An award of custody to a third party under this chapter may be modified or terminated upon the motion of any party, or on the court’s own motion, upon a determination that there has been a substantial and material change in circumstances and that the modification or termination is in the best interests of the child.
(b) When a motion to modify an award of custody to a third party under this chapter is filed, the burden of proof is on the party seeking a change, and the standard of proof shall be by a preponderance of the evidence.
(c) Any award of custody based on revocable parental consent entered pursuant to the agreement of all parties under § 16-831.06(d) shall be immediately vacated and of no further effect upon the filing of a revocation by the consenting parent or the third party.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(l), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.12. Jurisdiction

§ 16–831.12. Jurisdiction.
The court shall retain jurisdiction to enforce, modify, or terminate a custody order issued under this chapter, subject to the provisions of Chapter 46 of this title, until the child reaches 18 years of age.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(m), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.13. Other actions for custody not abolished, diminished, or preempted

§ 16–831.13. Other actions for custody not abolished, diminished, or preempted.
Nothing in this chapter shall be construed to limit the ability of any person to seek custody of a child under any other statutory, common law, or equitable cause of action or to preempt any authority of the court to hear and adjudicate custody claims under the court’s common law or equitable jurisdiction.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(n), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Cross References
Family Court of the Superior Court, exclusive jurisdiction, see § 11-1101.
Emergency Legislation
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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–903. Decree annulling marriage

§ 16–903. Decree annulling marriage.
A decree annulling the marriage as illegal and void may be rendered on any of the grounds specified by sections 46-401.01 and 46-403 as invalidating a marriage.
(Dec. 23, 1963, Pub. L. 88-241, § 1, 77 Stat. 560; Mar. 3, 2010, D.C. Law 18-110, § 4, 57 DCR 27.)
Prior Codifications
1981 Ed., § 16-903.
1973 Ed., § 16-903.
Effect of Amendments
D.C. Law 18-110 substituted “46-401.01” for “ 46-401”.
Cross References
Voidable marriages, grounds, see § 46-402.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–904. Grounds for divorce, legal separation, and annulment

§ 16–904. Grounds for divorce, legal separation, and annulment.
(a) A divorce from the bonds of marriage may be granted if:
(1) both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation for a period of six months next preceding the commencement of the action;
(2) both parties to the marriage have lived separate and apart without cohabitation for a period of one year next preceding the commencement of the action.
(b) A legal separation from bed and board may be granted if:
(1) both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation; or
(2) both parties to the marriage have lived separate and apart without cohabitation for a period of one year next preceding the commencement of the action.
(3) Repealed.
(4) Repealed.
(c) For purposes of subsections (1) and (2) of paragraphs (a) and (b) of this section, parties who have pursued separate lives, sharing neither bed nor board, shall be deemed to have lived separate and apart from one another even though:
(1) they reside under the same roof; or
(2) the separation is pursuant to an order of a court.
(d) Marriage contracts may be annulled in the following cases:
(1) where such marriage was contracted while either of the parties thereto had a former spouse living, unless the former marriage had been lawfully dissolved;
(2) where such marriage was contracted during the insanity of either party (unless there has been voluntary cohabitation after the discovery of the insanity);
(3) where such marriage was procured by fraud or coercion;
(4) where either party was matrimonially incapacitated at the time of marriage without the knowledge of the other and has continued to be so incapacitated; or
(5) where either of the parties had not attained the age of legal consent to the contract of marriage (unless there has been voluntary cohabitation after attaining the age of legal consent), but in such cases only at the suit of the party who had not attained such age.
(e) Domestic partnerships registered under § 32-702(a) or relationships recognized under § 32-702(i) may be terminated by judicial decree or judgment.
(Dec. 23, 1963, 77 Stat. 560, Pub. L. 88-241, § 1; Sept. 29, 1965, 79 Stat. 889, Pub. L. 89-217, § 2; Apr. 7, 1977, D.C. Law 1-107, title I, § 102, 23 DCR 8737; Mar. 24, 1998, D.C. Law 12-81, § 10(f), 45 DCR 745; Oct. 19, 2002, D.C. Law 14-207, § 2(b), 49 DCR 7827; Sept. 12, 2008, D.C. Law 17-231, § 20(a), 55 DCR 6758; Apr. 9, 2016, D.C. Law 21-105, § 2(a), 63 DCR 217.)
Prior Codifications
1981 Ed., § 16-904.
1973 Ed., § 16-904.
Effect of Amendments
D.C. Law 14-207, in subsec. (b), made nonsubstantive changes in pars. (1) and (2), and repealed pars. (3) and (4).
D.C. Law 17-231, in subsec. (d)(1), substituted “spouse” for “wife or husband”.
Cross References
Nonresident and absent defendants, service of process by publication, see § 13-336.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–905. Revocation and enlargement of decree of legal separation

§ 16–905. Revocation and enlargement of decree of legal separation.
(a) The court may revoke its decree of legal separation at any time, upon the joint application of the parties to be discharged from the operation of the decree.
(b) The court may enlarge its decree of legal separation to an absolute divorce upon application of the party to whom the decree of legal separation was granted, a copy of which application shall be duly served upon the adverse party, if the court finds on the basis of affidavits that no reconciliation has taken place or is probable and that a separation has continued voluntarily and without interruption for a six-month period or without interruption for a period of one year.
(Dec. 23, 1963, Pub. L. 88-241, § 1, 77 Stat. 561; Apr. 7, 1977, D.C. Law 1-107, title I, § 103, 23 DCR 8737; Oct. 19, 2002, D.C. Law 14-207, § 2(c), 49 DCR 7827.)
Prior Codifications
1981 Ed., § 16-905.
1973 Ed., § 16-905.
Effect of Amendments
D.C. Law 14-207, in subsec. (a), substituted “legal separation” for “divorce from bed and board”.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–906. Causes for absolute divorce arising after decree for separation

§ 16–906. Causes for absolute divorce arising after decree for separation.
Where a legal separation has been decreed the court may afterwards decree an absolute divorce between the parties for any cause arising since the first decree and sufficient to entitle the complaining party to the second decree.
(Dec. 23, 1963, 77 Stat. 561, Pub. L. 88-241, § 1; Oct. 19, 2002, D.C. Law 14-207, § 2(d), 49 DCR 7827.)
Prior Codifications
1981 Ed., § 16-906.
1973 Ed., § 16-906.
Effect of Amendments
D.C. Law 14-207 substituted “legal separation” for “divorce from bed and board”.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–907. Parent and child relationship defined

§ 16–907. Parent and child relationship defined.
(a) The term “legitimate” or “legitimated” means that the parent-child relationship exists for all rights, privileges, duties, and obligations under the laws of the District of Columbia.
(b) The term “born out of wedlock” solely describes the circumstances that a child has been born to parents who, at the time of its birth, were not married to each other. The term “born in wedlock” solely describes the circumstances that a child has been born to parents who, at the time of its birth, were married to each other.
(c) A child born to parents in a domestic partnership shall be treated for all legal purposes as a child born in wedlock. For the purposes of this subsection, the term “domestic partnership” shall have the same meaning as provided in § 32-701(4), but shall exclude a domestic partnership where a domestic partner is the parent, grandparent, sibling, child, grandchild, niece, nephew, aunt, or uncle of a woman who gives birth to a child.
(Dec. 23, 1963, Pub. L. 88-241, § 1, 77 Stat. 561; Apr. 7, 1977, D.C. Law 1-107, title I, § 104, 23 DCR 8737; July 18, 2008, D.C. Law 18-33, § 3(b), 56 DCR 4269.)
Prior Codifications
1981 Ed., § 16-907.
1973 Ed., § 16-907.
Effect of Amendments
D.C. Law 18-33 added subsec. (c).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–908. Relationship not dependent on marriage or domestic partnership

§ 16–908. Relationship not dependent on marriage or domestic partnership.
A child is the legitimate child of any parent under which a parent-child relationship is established pursuant to § 16-909, and is the legitimate relative of its parents’ relatives by blood or adoption and entitled to all rights, privileges, duties, and obligations under the laws of the District of Columbia.
(Dec. 23, 1963, Pub. L. 88-241, § 1, 77 Stat. 561; Apr. 7, 1977, D.C. Law 1-107, title I, § 105, 23 DCR 8737; July 18, 2008, D.C. Law 18-33, § 3(c), 56 DCR 4269.)
Prior Codifications
1981 Ed., § 16-908.
1973 Ed., § 16-908.
Effect of Amendments
D.C. Law 18-33 rewrote the section, which had read as follows: “A child born in wedlock or born out of wedlock is the legitimate child of its father and mother and is the legitimate relative of its father’s and mother’s relatives by blood or adoption.”
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–909.02. Full faith and credit to parentage determinations by other states

§ 16–909.02. Full faith and credit to parentage determinations by other states.
The District of Columbia government shall give full faith and credit to the determinations of parentage made by other states, whether established through voluntary acknowledgment or through an administrative or judicial process.
(Mar. 16, 1995, D.C. Law 10-223, § 2(d), 41 DCR 8051; July 18, 2008, D.C. Law 18-33, § 3(f), 56 DCR 4269.)
Prior Codifications
1981 Ed., § 16-909.2.
Effect of Amendments
D.C. Law 18-33 substituted “parentage” for “paternity”.
Temporary Legislation
For temporary (225 day) addition of section, see § 102(b) of the Paternity Acknowledgment and Gas Station Advisory Board Re-establishment Temporary Act of 1996 (D.C. Law 11-206, April 9, 1997, law notification 44 DCR 2401).
Editor's Notes
Mayor authorized to issue rules: Section 3 of D.C. Law 10-223 provided that, pursuant to Subtitle I of Chapter 15 of Title 1, the Mayor may issue rules to implement the provisions of the act.
Section 28(b)(1) of D.C. Law 15-354 provided that the section designation of § 16-901.2 of the District of Columbia Official Code is redesignated as § 16-901.02.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–909.04. Voluntary paternity acknowledgment program for birth records agency

§ 16–909.04. Voluntary paternity acknowledgment program for birth records agency.
(a) The Registrar of Vital Records shall offer to any person seeking to file or amend a birth certificate that does not include the names of 2 parents:
(1) Written materials concerning paternity establishment;
(2) Forms necessary to acknowledge paternity voluntarily that meet the federal requirements;
(3) A written and oral description of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from, signing a voluntary acknowledgment of paternity (the oral description may be videotaped or audiotaped);
(4) Written notice that a voluntary acknowledgment of paternity is not effectuated unless the mother and putative father each signs the form under oath and a notary authenticates the signatures;
(5) The services of a notary on the premises;
(6) The opportunity to speak, by telephone or in person, with staff of the IV-D agency or Registrar who are trained to clarify information and answer questions about paternity establishment; and
(7) The opportunity to acknowledge paternity voluntarily at the birth records agency.
(b) The Registrar of Vital Records shall establish procedures for the recording in the records of the Registrar, and for the transmittal to the IV-D agency of completed voluntary acknowledgments of paternity, and of information contained in an acknowledgment that may be used in the establishment or enforcement of a support order.
(Apr. 3, 2001, D.C. Law 13-269, § 106(f), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(g), 56 DCR 4269.)
Effect of Amendments
D.C. Law 18-33 substituted “the names of 2 parents” for “a father’s name”.
Emergency Legislation
For temporary (90 day) addition of this section, see § 105(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) addition of section, see § 106(f) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Temporary Legislation
For temporary (225 day) addition of section, see § 105(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Editor's Notes
Section 28(b)(1) of D.C. Law 15-354 provided that the section designation of § 16-901.4 of the District of Columbia Official Code is redesignated as § 16-901.04.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–909.05. Mayor authorized to designate other sites for paternity acknowledgment program

§ 16–909.05. Mayor authorized to designate other sites for paternity acknowledgment program.
The Mayor is authorized to establish voluntary paternity establishment services at entities other than hospitals, or the Vital Records Office, by publishing a notice of such location in the D.C. Register. The Mayor may only designate entities that meet the applicable federal requirements and comply with the same requirements that apply to birthing hospitals as set forth in section 16-909.03 .
(Apr. 3, 2001, D.C. Law 13-269, § 106(f), 48 DCR 1270.)
Emergency Legislation
For temporary (90 day) addition of this section, see § 105(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) addition of section, see § 106(f) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Temporary Legislation
For temporary (225 day) addition of section, see § 105(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Editor's Notes
Section 28(b)(1) of D.C. Law 15-354 provided that the section designation of § 16-901.5 of the District of Columbia Official Code is redesignated as § 16-901.05.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–912. Permanent alimony; enforcement. [Repealed]

§ 16–912. Permanent alimony; enforcement. [Repealed]
Repealed.
(Dec. 23, 1963, 77 Stat. 562, Pub. L. 88-241, § 1; Oct. 1, 1976, D.C. Law 1-87, § 15, 23 DCR 2544; Apr. 27, 2001, D.C. Law 13-292, § 803(b)(2), 48 DCR 2087; Oct. 19, 2002, D.C. Law 14-207, § 2(g), 49 DCR 7827.)
Prior Codifications
1981 Ed., § 16-912.
1973 Ed., § 16-912.
Cross References
Child support enforcement, attachment or garnishment of wages of District of Columbia employees, see § 1-507.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–914.01. Retention of jurisdiction as to alimony, custody of children, and child support

§ 16–914.01. Retention of jurisdiction as to alimony, custody of children, and child support.
After the issuance of a judgment, decree, or order granting custody, child support, or alimony, the Court retains jurisdiction for the entry of future orders modifying or terminating the initial judgment, decree, or order to the extent the retention of jurisdiction does not contravene other statutory provisions.
(Oct. 19, 2002, D.C. Law 14-207, § 2(j), 49 DCR 7827.)
Section References
This section is referenced in § 16-831.03.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–915. Change of name on divorce

§ 16–915. Change of name on divorce.
Upon divorce from the bond of marriage, the court shall, on request of a party who assumed a new name on marriage and desires to discontinue using it, state in the decree of divorce either the birth-given or other previous name which such person desires to use.
(Dec. 23, 1963, Pub. L. 88-241, § 1, 77 Stat. 562; Oct. 1, 1976, D.C. Law 1-87, § 18, 23 DCR 2544.)
Prior Codifications
1981 Ed., § 16-915.
1973 Ed., § 16-915.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–916.03. Proceedings in which child support matters may be considered

§ 16–916.03. Proceedings in which child support matters may be considered.
The court may consider child support matters, as it deems appropriate, in any proceeding to determine the care and custody of a minor child or children.
(Apr. 18, 1996, D.C. Law 11-112, § 2(c), 43 DCR 574.)
Prior Codifications
1981 Ed., § 16-916.3.
Editor's Notes
Section 28(b)(2) of D.C. Law 15-354 provided that the section designation of § 16-916.3 of the District of Columbia Official Code is redesignated as § 16-916.03.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–917. Co-respondents as defendants; service of process. [Repealed]

§ 16–917. Co-respondents as defendants; service of process. [Repealed]
Repealed.
(Dec. 23, 1963, 77 Stat. 562, Pub. L. 88-241, § 1; Oct. 19, 2002, D.C. Law 14-207, § 2(l), 49 DCR 7827.)
Prior Codifications
1981 Ed., § 16-917.
1973 Ed., § 16-917.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–918. Appointment of counsel; compensation; termination of appointment

§ 16–918. Appointment of counsel; compensation; termination of appointment.
(a) In all cases under this chapter, where the court deems it necessary or proper, a disinterested attorney may be appointed by the court to enter his appearance for the defendant and actively defend the cause.
(b) In any proceeding wherein the custody of a child is in question, the court may appoint a disinterested attorney to appear on behalf of the child and represent his best interests.
(c) An attorney appointed under this section may receive such compensation for his services as the court determines to be proper, which the court may order to be paid by either or both of the parties.
(d) Notwithstanding any other provision of law or any rule of court, the appearance of an attorney in any action under this chapter before a court of original jurisdiction shall be deemed to have terminated for the purpose of service of any motion, process, or any other pleading, upon completion of the case ending in a judgment, adjudication, decree, or final order from which no appeal has been taken when the time allowed for an appeal expires, and, if notice of appeal has been entered, upon the date of the final disposition of the appeal. There shall be no action required of any person or attorney under this subsection, but the court having jurisdiction over the matter may suspend the termination of the appearance on its own motion, or on the motion of any party to the case prior to the expiration of the time for appeal.
(Dec. 23, 1963, Pub. L. 88-241, § 1, 77 Stat. 562; July 29, 1970, 84 Stat. 557, Pub. L. 91-358, title I, § 145(e)(3)(A); Apr. 7, 1977, D.C. Law 1-107, title I, § 110, 23 DCR 8737.)
Prior Codifications
1981 Ed., § 16-918.
1973 Ed., § 16-918.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–919. Proof required on default or admission of defendant

§ 16–919. Proof required on default or admission of defendant.
A decree for a divorce, or a decree annulling a marriage, may not be rendered on default, without proof; and an admission contained in the answer of the defendant may not be taken as proof of the facts charged as the ground of the application, but shall be proved by other evidence in all cases.
(Dec. 23, 1963, Pub. L. 88-241, § 1, 77 Stat. 562.)
Prior Codifications
1981 Ed., § 16-919.
1973 Ed., § 16-919.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–920. Effective date of decree or judgment for annulment or absolute divorce

§ 16–920. Effective date of decree or judgment for annulment or absolute divorce.
A decree or judgment annulling or dissolving a marriage, granting an absolute divorce, or terminating a domestic partnership, shall become effective to dissolve the bonds of matrimony or domestic partnership 30 days after the docketing of the decree or judgment unless either party applies for a stay with the Superior Court of the District of Columbia or the District of Columbia Court of Appeals. If the application for a stay is denied, the judgment will become final upon entry of the court’s order denying the stay. If the application for a stay is granted, the stay shall continue in effect until the conclusion of the appeal. If the parties desire immediate finality, they may file a joint waiver of the right to appeal, which will make the decree or judgment final upon docketing of the joint waiver.
(Dec. 23, 1963, 77 Stat. 563, Pub. L. 88-241, § 1; Sept. 29, 1965, 79 Stat. 890, Pub. L. 89-217, § 4; Oct. 19, 2002, D.C. Law 14-207, § 2(m), 49 DCR 7827; Apr. 9, 2016, D.C. Law 21-105, § 2(g), 63 DCR 217.)
Prior Codifications
1981 Ed., § 16-920.
1973 Ed., § 16-920.
Effect of Amendments
D.C. Law 14-207 rewrote the section which had read as follows: “A decree, annulling or dissolving a marriage, or granting an absolute divorce, shall not become effective until the time for noting an appeal shall have expired, and, if notice of appeal has been entered, such decree shall not become effective until the date of the final disposition of the appeal.”
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–921. Validity of marriage, action to determine

§ 16–921. Validity of marriage, action to determine.
When the validity of an alleged marriage is denied by either of the parties thereto the other party may institute an action for affirming the marriage, and upon due proof of the validity thereof the court shall decree it to be valid. The decree shall be conclusive upon all parties concerned.
(Dec. 23, 1963, Pub. L. 88-241, § 1; 77 Stat. 563.)
Prior Codifications
1981 Ed., § 16-921.
1973 Ed., § 16-921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–922. Validity of marriages and divorces solemnized or pronounced before January 1, 1902

§ 16–922. Validity of marriages and divorces solemnized or pronounced before January 1, 1902.
This chapter does not invalidate any marriage solemnized according to law before January 1, 1902, or any decree or judgment of divorce pronounced before that date.
(Dec. 23, 1963, 77 Stat. 563, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-922.
1973 Ed., § 16-922.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 9 - Divorce, Annulment, Separation, Support, Etc › § 16–923. Abolition of action for breach of promise, alienation of affections, and criminal conversation

§ 16–923. Abolition of action for breach of promise, alienation of affections, and criminal conversation.
Causes of action for breach of promise, alienation of affections, and criminal conversation are hereby abolished.
(Apr. 7, 1977, D.C. Law 1-107, title I, § 111(a), 23 DCR 8737.)
Prior Codifications
1981 Ed., § 16-923.
1973 Ed., § 16-923.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter I - Intrafamily Proceedings Generally › § 16–1002. Complaint of criminal conduct

§ 16–1002. Complaint of criminal conduct.
A petitioner has a right to seek relief under this subchapter. This right does not depend on the decision of the Attorney General, the United States Attorney for the District of Columbia, or a prosecuting attorney in any jurisdiction to initiate or not to initiate a criminal or delinquency case or on the pendency or termination of a criminal or delinquency case involving the same parties or issues. Testimony of the respondent in any civil proceedings under this subchapter shall be inadmissible as evidence in a criminal trial or delinquency proceeding except in a prosecution for perjury or false statement.
(July 29, 1970, 84 Stat. 546, Pub. L. 91-358, title I, § 131(a); Sept. 14, 1982, D.C. Law 4-144, § 3, 29 DCR 3131; Mar. 24, 1998, D.C. Law 12-81,§ 10(j), 45 DCR 745; Mar. 25, 2009, D.C. Law 17-368, § 3(b)(2), 56 DCR 1338.)
Prior Codifications
1981 Ed., § 16-1002.
1973 Ed., § 16-1002.
Effect of Amendments
D.C. Law 17-368 rewrote the section.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter I - Intrafamily Proceedings Generally › § 16–1006. Jurisdiction

§ 16–1006. Jurisdiction.
A petitioner may file a petition for protection under this subchapter if:
(1) The petitioner resides, lives, works, or attends school in the District of Columbia:
(2) The petitioner is under the legal custody of a District government agency; or
(3) The underlying offense occurred in the District of Columbia.
(July 29, 1970, 84 Stat. 548, Pub. L. 91-358, title I, § 131(a); Sept. 14, 1982, D.C. Law 4-144, § 7, 29 DCR 3131; Mar. 25, 2009, D.C. Law 17-368,§ 3(b)(4), 56 DCR 1338.)
Prior Codifications
1981 Ed., § 16-1006.
1973 Ed., § 16-1006.
Effect of Amendments
D.C. Law 17-368 rewrote the section, which had read as follows: “The Family Division may dismiss a petition if the matter is not appropriate for disposition in the Family Division.”
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter I - Intrafamily Proceedings Generally › § 16–1007. Notice to parties

§ 16–1007. Notice to parties.
(a) Pursuant to the Rules of the Superior Court of the District of Columbia, the respondent, and in cases where the respondent is a minor, the respondent's custodial parent, guardian, or custodian, shall be served with notice of the hearing, an order to appear, a copy of the petition, and a temporary protection order, if issued.
(b)(1) If a minor has petitioned for a civil protection order without a parent, guardian, or custodian, and if the minor is residing with a parent, guardian, or custodian, the court shall send a copy of any order issued pursuant to § 16-1004(d) and notice of the hearing to that parent, guardian, or custodian, unless, in the discretion of the court, notification of that parent, guardian, or custodian would be contrary to the best interests of the minor.
(2) If the court does not send notice to the parent, guardian, or custodian with whom the minor resides, the court may, in its discretion, send notice to any other parent, guardian, custodian, or other appropriate adult.
(c) The notice of hearing shall notify the respondent that if the respondent does not attend the hearing, the court may issue an order against the respondent that may last up to 2 years.
(d) A respondent is deemed to have been personally served and no additional proof of service is required for enforcement of an order if the respondent is present before the court when the order is issued or if the respondent is served with the order in open court.
(e)(1) At the request of the petitioner or a person petitioning on the petitioner's behalf, or by order of the court, the Metropolitan Police Department shall attempt to serve civil process in any case filed under this subchapter that has an address for service in the District of Columbia.
(2) There is established a special unit that consists of at least 6 officers for the purpose of performing these and similar duties, including the service of anti-stalking orders or extreme risk protection orders.
(Apr. 27, 2021, D.C. Law 23-275, § 3(h), 68 DCR 001086.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter II - Parental Kidnapping › § 16–1021. Definitions

§ 16–1021. Definitions.
For the purposes of this subchapter, the term:
(1) “Child” means a person under the age of 16 years of age.
(2) “District” means the District of Columbia.
(3) “Lawful custodian” means a person who is authorized to have custody by an order of the Superior Court of the District of Columbia or a court of competent jurisdiction of any state, or a person designated by the lawful custodian temporarily to care for the child.
(4) “Relative” means a parent, other ancestor, brother, sister, uncle, or aunt, or one who has been lawful custodian at some prior time.
(May 23, 1986, D.C. Law 6-115, § 2, 33 DCR 2424; May 10, 1989, D.C. Law 7-231, § 25(b), 36 DCR 492; Mar. 24, 1998, D.C. Law 12-81, § 10(l), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-1021.
Section References
This section is referenced in § 16-914.
Cross References
Custody of children, see § 16-911.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter II - Parental Kidnapping › § 16–1022. Prohibited acts

§ 16–1022. Prohibited acts.
(a) No parent, or any person acting pursuant to directions from the parent, may intentionally conceal a child from the child’s other parent.
(b) No relative, or any person acting pursuant to directions from the relative, who knows that another person is the lawful custodian of a child may:
(1) Abduct, take, or carry away a child with the intent to prevent a lawful custodian from exercising rights to custody of the child;
(2) Abduct, take, or carry away a child from a person with whom the relative has joint custody pursuant to an order, judgment, or decree of any court, with the intent to prevent a lawful custodian from exercising rights to custody to the child;
(3) Having obtained actual physical control of a child for a limited period of time in the exercise of the right to visit with or to be visited by the child or the right of limited custody of the child, pursuant to an order, judgment, or decree of any court, which grants custody of the child to another or jointly with the relative, with intent to harbor, secrete, detain, or conceal the child or to deprive a lawful custodian of the physical custody of the child, keep the child for more than 48 hours after a lawful custodian demands that the child be returned or makes all reasonable efforts to communicate a demand for the child’s return;
(4) Having custody of a child pursuant to an order, judgment, or decree of any court, which grants another person limited rights to custody of the child or the right to visit with or to be visited by the child, conceal, harbor, secrete, or detain the child with intent to deprive the other person of the right of limited custody or visitation;
(5) Conceal, harbor, secrete, or detain the child knowing that physical custody of the child was obtained or retained by another in violation of this subsection with the intent to prevent a lawful custodian from exercising rights to custody to the child;
(6) Act as an aider and abettor, conspirator, or accessory to any of the actions forbidden by this section;
(7) After being served with process in an action affecting the family but prior to the issuance of a temporary or final order determining custody rights to a child, take or entice the child outside of the District for the purpose of depriving a lawful custodian of physical custody of the child; or
(8) After issuance of a temporary or final order specifying joint custody rights, take or entice a child from the other joint custodian in violation of the custody order.
(May 23, 1986, D.C. Law 6-115, § 3, 33 DCR 2424; May 10, 1989, D.C. Law 7-231, § 25(c), 36 DCR 492.)
Prior Codifications
1981 Ed., § 16-1022.
Section References
This section is referenced in § 16-1023, § 16-1024, and § 23-563.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter II - Parental Kidnapping › § 16–1023. Defense to prosecution; continuous offenses; expenses; jurisdiction

§ 16–1023. Defense to prosecution; continuous offenses; expenses; jurisdiction.
(a) No person violates this subchapter if the action:
(1) Is taken to protect the child from imminent physical harm;
(2) Is taken by a parent fleeing from imminent physical harm to the parent;
(3) Is consented to by the other parent; or
(4) Is otherwise authorized by law.
(b) If a person violates § 16-1022 of this subchapter, the person may file a petition in the Superior Court of the District of Columbia that:
(1) States that at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child; and
(2) Seeks to establish custody, to transfer custody, or to revise or to clarify the existing custody order; except that if the Superior Court of the District of Columbia does not have jurisdiction over the custody issue, the person shall seek to establish, transfer, revise, or clarify custody in a court of competent jurisdiction.
(c) If a petition is filed as provided in subsection (b) of this section within 5 days of the action taken, exclusive of Saturdays, Sundays, and legal holidays, a finding by the court that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child is a complete defense to prosecution under this subchapter.
(d) A law enforcement officer may take a child into protective custody if it reasonably appears to the officer that any person is in violation of this subchapter and unlawfully will flee the District with the child.
(e) A child who has been detained or concealed shall be returned by a law enforcement officer to the lawful custodian or placed in the custody of another entity authorized by law.
(f) The offenses prohibited by this subchapter are continuous in nature and continue for so long as the child is concealed, harbored, secreted, detained, or otherwise unlawfully physically removed from the lawful custodian.
(g) Any expenses incurred by the District in returning the child shall be reimbursed to the District by any person convicted of a violation of this subchapter. Those expenses and costs reasonably incurred by the lawful custodian and child victim as a result of a violation of this subchapter shall be assessed by the court against any person convicted of the violation.
(h) Any violation of this subchapter is punishable in the District, whether the intent to commit the offense is formed within or without the District, if the child was a resident of the District, present in the District at the time of the taking, or is later found in the District.
(May 23, 1986, D.C. Law 6-115, § 4, 33 DCR 2424; May 10, 1989, D.C. Law 7-231, § 25(d), 36 DCR 492.)
Prior Codifications
1981 Ed., § 16-1023.