(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.)
This section is referenced in § 16-831.07.
D.C. Law 17-353 validated a previously made technical correction in the section designation.
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).
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 8A - Third-Party Custody
§ 16–831.02. Action for custody of child by a third party
§ 16–831.03. Action for custody of a child by a de facto parent
§ 16–831.04. Third-party custody orders
§ 16–831.05. Parental presumption
§ 16–831.06. Award of custody to third party
§ 16–831.07. Findings necessary to rebut the parental presumption by clear and convincing evidence
§ 16–831.08. Factors to consider in determining best interests of child
§ 16–831.09. Pendente lite relief
§ 16–831.10. Effect of a third-party custody order
§ 16–831.11. Modification or termination of orders
§ 16–831.13. Other actions for custody not abolished, diminished, or preempted