Child Custody Laws in District of Columbia

The child's best interest is the primary consideration. There is a rebuttable presumption that joint custody is in the child's best interest, except where the court has found an intrafamily offense, child abuse or neglect, or parental kidnapping. Factors include the child's wishes where practicable, the parents' wishes, the child's relationships with family members, adjustment to home, school and community, the mental and physical health of everyone involved, any intrafamily offense, the parents' ability to communicate and make shared decisions, willingness to share custody, each parent's prior involvement, how close the homes are, work demands, and the age and number of children. A parent's race, sex, sexual orientation or gender identity alone is not a conclusive consideration.

While a divorce or annulment case is pending, the Superior Court may decide the care and custody of minor children until the final decision. Under the interstate custody law, a D.C. court has temporary emergency jurisdiction if the child is in the District and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it.