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District of Columbia · Through 2026-08-20 (D.C. Law 26-175)

D.C. Code § 16-831.01: Definitions.

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Where this section sits in the code
  1. Title 16. Particular Actions, Proceedings and Matters. [Enacted title]
  2. Chapter 8A. Third-Party Custody.

For the purposes of this chapter, the term:

(1)

“De facto parent” means an individual:

(A)

Who:

(i)

Lived with the child in the same household at the time of the child’s birth or adoption by the child’s parent;

(ii)

Has taken on full and permanent responsibilities as the child’s parent; and

(iii)

Has held himself or herself out as the child’s parent with the agreement of the child’s parent or, if there are 2 parents, both parents; or

(B)

Who:

(i)

Has lived with the child in the same household for at least 10 of the 12 months immediately preceding the filing of the complaint or motion for custody;

(ii)

Has formed a strong emotional bond with the child with the encouragement and intent of the child’s parent that a parent-child relationship form between the child and the third party;

(iii)

Has taken on full and permanent responsibilities as the child’s parent; and

(iv)

Has held himself or herself out as the child’s parent with the agreement of the child’s parent, or if there are 2 parents, both parents.

(2)

“Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).

(3)

“Legal custody” means legal responsibility for a child, including the right to:

(A)

Make decisions regarding the child’s health, education, and general welfare;

(B)

Access the child’s educational, medical, psychological, dental, or other records; and

(C)

Speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child.

(4)

“Physical custody” means a child’s living arrangements. The term “physical custody” includes a child’s residency or visitation schedule.

(5)

“Third party” means a person other than the child’s parent or de facto parent.

Collected 2026-08-29T05:44:07Z. Source file · JSON

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