(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.)
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