Changes in Custody

A natural parent is either the biological mother or father of a child.  A natural parent has the responsibility to meet the child’s basic needs and provide financial, medical, and other support for the child until the child reaches the age of twenty-one (21) unless the parent-child relationship has been severed legally.

The parent without custody -- the noncustodial parent -- must financially support the minor child by paying child support, including providing health insurance coverage and/or cash medical support for the child(ren). Child support will be calculated according to the income of both parents under the District of Columbia Child Support Guidelines.

There are various types of custody arrangements that can be awarded. However, for purposes of child support, the child support guideline is based on the percentage of physical overnights spent by a minor child with a parent.

• When the child spends 35% or more physical overnights during the calendar year with each parent, the court will calculate the child support award based on the shared physical custody calculations under the guideline.
• If the child spends less than 35% of the calendar year with one parent, then child support will be calculated based on sole physical custody.

Both terms relate to custody situations in which the court has granted custody to an individual who is not the child's natural parent. The third-party legal custodian or de facto parent has the legal responsibility to make decisions regarding the child’s health, education, and general welfare.

Yes. An award of custody to a third party or de facto parent does not terminate the parent-child relationship. This means the residual parental rights and responsibilities remain with the natural parents, including the responsibility for support after transfer of legal custody or guardianship of the minor.

When a child is placed in foster care, the court transfers responsibility for the child's care and maintenance to CFSA. However, the natural parents keep both certain legal rights and responsibilities after the custody transfer to CFSA, including but not limited to the following:

• the right to visitation
• the right to consent to adoption
• an obligation to provide support, if not hindering reunification
• the right to determine the child's religious affiliation

Accordingly, under DC law, because the natural parents keep their respective residual parental rights and responsibilities, they still may be responsible for child support. Any ordered child support would be assigned to the District of Columbia in return for the assistance provided by CFSA.

Any existing child support case would be closed. Arrears that became due under that prior order would remain open and must be paid.

However, CFSA would become the child's new custodian and a new child support case would be opened so that a new support obligation could be set or the payee changed to CFSA.

If the child is returned home or CFSA closes its case otherwise, the parent(s) still would be responsible for child support.  The original pay order would be transferred to the custodial parent or new legal custodian.

A permanent guardianship is created when the court enters an order that gives the duty and authority to another adult to make important decisions in matters having a permanent effect on the life and development of the minor. A guardianship ends when the minor reaches age 18 or marries. However, if the court finds that it is in the child's best interest and if the child consents, the court may retain jurisdiction over the guardianship until the child reaches age 21.

A court order establishing a permanent guardianship does not terminate the parent-child relationship. A natural parent still has a responsibility to provide child support, as ordered, and the child's guardian becomes the recipient of the payments.

By entering an order terminating a person's parental rights, the court severs the parent-child relationship. From that point forward, the natural parent, whose parental rights were terminated, is not responsible for child support.

In order for a child to be adopted by a new parent or set of parents, the natural (or prior adoptive) parent-child relationship must be terminated. Therefore, all ongoing child support responsibilities end for the natural parents once the court orders their parental rights to be terminated.

A natural parent would continue to owe support arrears that preceded the termination of parental rights or the final decree of adoption. However, that parent would not be responsible for support payments from the date of the termination order or the adoption decree and thereafter.

Parents are free to relinquish parental rights to their children. When that occurs, the child-placing agency accepts permanent care and guardianship of the minor child and may consent to an adoption of the minor child.

The legal effect on child support for relinquishment would be similar to a termination of parental rights and/or adoption; that is, the relinquishing parent no longer is responsible for ongoing child support payments. However, that parent still is responsible for child support that became due prior to executing the relinquishment of parental rights.

Parents in domestic partnerships do have the same parental rights as a natural parent. That parent also would be responsible for child support if any of the following domestic partnership scenarios apply:

• The domestic partnership was in place at the time of the child's conception or birth.
• The domestic partnership was entered between conception and birth and the child was born during the domestic partnership.
• The child was born within 300 days after the domestic partnership ends.