PRESUMPTION OF JOINT LEGAL AND PHYSICAL CUSTODY & EVIDENCE OF DOMESTIC VIOLENCE

The DC caselaw as well as the Statutory language both are consistent on equality among parents when it comes to granting physical and legal custody and the presumption is well rooted. Courts have generally held that: it is a “Constitutional principle, rooted in the Due Process Clause, that the right to presumptive custody of a fit, unwed, noncustodial father who has grasped the opportunity to be involved in his child’s life can be overridden only by a showing by clear and convincing evidence that it is in the best interest of the child to be placed with someone else. The Statute provides: unless the court determines that it is not in the best interest of the child, the court may issue an order that provides for frequent and continuing contact between each parent and the minor child or children and for the sharing of responsibilities of child-rearing and encouraging the love, affection, and contact between the minor child or children and the parents regardless of…

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