The District of Columbia's Joint Custody Presumption: Misplaced Blame and Simplistic Solutions

68 Pages Posted: 22 May 2015

Date Written: 1997

Abstract

In 1996, the District of Columbia enacted a presumption in favor of joint custody. In so doing, the District entered into a realm of domestic relations law that has been described as frightfully lacking in linguistic uniformity and consistency in outcome. This article discusses the District of Columbia's version of joint custody. Section I provides a brief overview of child custody trends in the United States. Section II considers the meaning of the term "joint custody" and the phrase "rebuttable presumption that joint custody is in the best interest of the child." Section III is an in-depth discussion of the District of Columbia's new joint custody law. Section IV discusses the incongruities between the concept of joint custody as advocated and the realities of a predominantly black community in which poverty defines the lives of a significant segment of the population. In particular, this section questions the benefit to the District of Columbia community of divisive gender-driven policies. Section V expands on why a joint custody presumption is in conflict with the best interest of the child standard. Finally, this article concludes by observing that the District's new law is of particular concern given the demographics of the jurisdiction and the dangers of replacing an assessment of what is best for the child with standardized assumptions.

Keywords: child custody, joint custody law, Washington D.C., District of Columbia's joint custody law

Suggested Citation

Barry, Margaret Martin, The District of Columbia's Joint Custody Presumption: Misplaced Blame and Simplistic Solutions (1997). Catholic University Law Review, Vol. 46, 1997, Available at SSRN: https://ssrn.com/abstract=2607373

Margaret Martin Barry (Contact Author)

Vermont Law School ( email )

68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States

HOME PAGE: http://www.vermontlaw.edu/Our_Faculty/Faculty_Directory/Margaret_Martin_Barry.htm

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