Joint vs. Sole Custody in the District of Columbia: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

The District of Columbia has a rebuttable presumption that joint custody is in the child’s best interest. It is reversed if an intrafamily offense, child abuse or neglect or parental kidnapping is found, and the court weighs 17 factors.

Is joint custody presumed in the District of Columbia?

Yes, rebuttably. In any proceeding between parents in which custody is an issue, the best interest of the child is the primary consideration, and there is a rebuttable presumption that joint custody is in the best interest of the child or children, except where a judicial officer finds by a preponderance of the evidence that an intrafamily offense, child abuse, child neglect or parental kidnapping has occurred, in which case there is a rebuttable presumption that joint custody is not in the child’s best interest (D.C. Code 16-914(a)(1)-(2)).

What kinds of custody can the court order in the District of Columbia?

Sole or joint legal custody, sole or joint physical custody, or any other arrangement in the child’s best interest. Legal custody is legal responsibility for the child, including decisions on health, education and general welfare and access to records; physical custody is the child’s living arrangements, including the residency or visitation schedule (16-914(a)(1)). The court may issue an order for frequent and continuing contact with each parent unless it is not in the child’s best interest (16-914(a)(2)).

What are the best-interest factors in the District of Columbia?

Seventeen: the child’s wishes where practicable; the parents’ wishes; the child’s interaction with parents, siblings and others; adjustment to home, school and community; the health of all involved; evidence of an intrafamily offense; the parents’ capacity to communicate and reach shared decisions; their willingness to share custody; each parent’s prior involvement; the potential disruption of the child’s social and school life; the geographic proximity of the homes; the demands of parental employment; the age and number of children; the sincerity of each parent’s request; the ability to support a joint custody arrangement financially; the impact on public benefits; and the benefit to the parents (16-914(a)(3)).

What happens when an intrafamily offense is found in the District of Columbia?

Any decision to grant custody or visitation to the parent who committed it must be supported by a written statement of the factors and findings. The court may award visitation only if the child and the custodial parent can be adequately protected from harm, and the offending parent has the burden of proving that visitation will not endanger the child or significantly impair the child’s emotional development (16-914(a-1)).

Does a parenting plan matter in the District of Columbia?

The court may order each parent to submit a detailed parenting plan and must consider the plans in weighing the factors; it designates which parent makes major decisions needing immediate attention, and it may order parenting classes (16-914(c)-(d)).

Can an agreed arrangement be refused in the District of Columbia?

Only on clear and convincing evidence that it is not in the child’s best interest. The court must enter an order for any custody arrangement agreed to by both parents unless that evidence exists, and it must place on the record the specific factors and findings behind any arrangement not agreed to (16-914(h), (j)).

How does custody connect to support in the District of Columbia?

Joint custody does not eliminate child support (16-914(e)). Count your schedule with the District of Columbia parenting time calculator and run the District of Columbia child support calculator under the guideline in 16-916.01.

Frequently asked questions

Does the District of Columbia favor joint custody?

Yes, through a rebuttable presumption that joint custody is in the child’s best interest.

When is the joint custody presumption reversed in the District of Columbia?

When an intrafamily offense, child abuse, child neglect or parental kidnapping is found by a preponderance of the evidence.

How many best-interest factors does the District of Columbia use?

Seventeen, from the child’s wishes to the benefit to the parents.

Can a District of Columbia court refuse an agreed custody arrangement?

Only on clear and convincing evidence that it is not in the child’s best interest.

Does joint custody end child support in the District of Columbia?

No. Joint custody does not eliminate the responsibility for child support under the guideline.

Official sources

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This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.