{"data":{"id":"us-dc/d.c.-code-16-831.07","jurisdiction":"us-dc","citation":"D.C. Code § 16-831.07","heading":"Findings necessary to rebut the parental presumption by clear and convincing evidence.","body":"(a)\nTo determine that the presumption favoring parental custody has been rebutted, the court must find, by clear and convincing evidence, one or more of the following factors:\n(1)\nThat the parents have abandoned the child or are unwilling or unable to care for the child;\n(2)\nThat custody with a parent is or would be detrimental to the physical or emotional well-being of the child; or\n(3)\nThat exceptional circumstances, detailed in writing by the court, support rebuttal of the presumption favoring parental custody.\n\n(b)\nThe court shall not consider a parent’s lack of financial means in determining whether the presumption favoring parental custody has been rebutted.\n\n(c)\nThe court shall not use the fact that a parent has been the victim of an intrafamily offense against the parent in determining whether the presumption favoring parental custody has been rebutted.\n\n(d)\nIf the court concludes that the parental presumption has not been rebutted by clear and convincing evidence, the court shall dismiss the third-party complaint and enter any appropriate judgment in favor of the parent. The court shall only address the factors set forth in § 16-831.08 once the presumption favoring parental custody has been rebutted.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 8A. Third-Party Custody."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-831.07","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"285abff8f5cfb46eead3d27c2256b1643a700aeae095a5ec98ca70ef22c5342d","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-831.06","next":"us-dc/d.c.-code-16-831.08"},"notice":"GroundRules: Original legal text. Not legal advice."}