Divorce & Children
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Child Custody

In the District of Columbia, child custody may be awarded to either parent regardless of gender, sexual orientation, or gender identity. The parents may make their own child custody agreement and submit it to the court, but if they fail to reach an agreement, the court will award custody of a child at its own discretion. When deciding custody, the main principle is to meet the child's best interest.

To determine what would be best for a particular child, the court typically considers many factors, including the child's habitual standard of living, physical and mental health of all the involved parties, each parent's contribution to the child's well-being and role in the child's life during the marriage, the demands of parental employment, and the wishes of the parents. In some cases, the child's preferences are also considered.

After analyzing all these conditions, a custody arrangement will be ordered. In general, physical and legal custody are recognized. Physical custody determines the primary residence of the child as well as the amount of time spent with each parent. Legal custody determines who plays a central role in making crucial decisions concerning the child's life. Both physical and legal custody may be sole or joint, depending on the particular case.

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