Third Party Visitation Rights — Can your parent take your child?

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In the District of Columbia, the courts consider the best interest of the child as the primary factor in awarding custody.  To 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: (1) That the parents have abandoned the child or are unwilling or unable to care for the child, (2) that custody with a parent is or would be detrimental to the physical or emotional well-being of the child, or (3) that exceptional circumstances support rebuttal of the presumption favoring parental custody.  If the parental presumption is rebutted, then the court must determine whether granting custody to the third party is in the child’s best interests.