Legal Question in Family Law in District of Columbia

No custody agreement and mom wants to move

My girlfriend and her son's father have no custody agreement: she has primary physical custody and her son spends 1-3 nights/month with the father. Dad works 2 jobs and is in school, and can't take even 50% custody. She now wants to move to Florida to take a much better job, and he has sworn to fight her. She makes good money and will make great money when she moves, and will have both more money and more time to spend on their son. However, she's been told that D.C. has a presumption of joint custody regardless of past history, and that if the father can steady out his lifestyle and pay her some backdated child support, he has a good shot at 50% custody... effectively making her unable to move and keep her son. Is this accurate? What can she do to maximize her chances of a favorable agreement? She's very willing to be flexible, but needs to provide a stable environment for her son, particularly as he will start school soon. Thanks!


Asked on 7/03/07, 3:25 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: No custody agreement and mom wants to move

I very much doubt that there will be any "agreement"(whether favorable or otherwise) between the parents of this child and that a DC Family Court judge will ultimately have to decide the matter in terms of what he or she perceives to be in the best interests of the subject child.

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Answered on 7/03/07, 3:35 pm


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