A custody arrangement must do more than divide days on a calendar. It needs to work when school schedules change, a parent travels for work, a child needs medical care, or parents disagree about an important decision.
At Petrelli Previtera, LLC, we help parents examine proposed parenting arrangements, identify concerns that need to be addressed, and prepare for negotiations or court when agreement is not possible. Our focus is on your child’s needs and a plan that can work in everyday life.
What We Consider When Building a Parenting Plan
A workable arrangement addresses the details that can otherwise become new disputes. Depending on your family, those may include:
- School and daily routines: transportation, homework, activities, holidays, and school breaks.
- Major decisions: how parents will handle education, medical care, and other important choices.
- Communication: how information is shared and disagreements are handled.
- Practical constraints: work schedules, travel time between homes, and the child’s changing needs.
- Safety: whether abuse, threats, or other circumstances require protective arrangements.
A schedule that appears equal on paper may not be workable for a particular child’s school, health, or home life. We help clients examine these tradeoffs before agreeing to terms that will shape their family’s routine.
How DC Courts Decide Custody
Under D.C. Code § 16-914, the child’s best interests are the primary consideration. The court looks at all relevant circumstances, including the child’s relationships, adjustment to home and school, parents’ ability to communicate, prior involvement, employment demands, and any safety concerns. There is no single schedule that fits every family.
Legal custody concerns responsibility for decisions about a child’s health, education, and general welfare. Physical custody concerns the child’s living arrangements and parenting-time schedule. Either may be shared or assigned to one parent, depending on the order and the child’s best interests.
Does Joint Custody Mean Equal Parenting Time?
No. DC law includes a rebuttable presumption favoring joint custody, but joint custody does not necessarily mean a 50/50 division of physical time. Parents may share important decision-making responsibilities while following a schedule designed around the child’s actual needs.
The statute also recognizes serious safety exceptions. If a judicial officer finds an intrafamily offense, child abuse, child neglect, or parental kidnapping by a preponderance of the evidence, the law provides a rebuttable presumption against joint custody. Allegations alone are not the same as the required judicial finding. If safety is a concern, tell your attorney early so the appropriate evidence and protections can be considered.
When Parents Agree and When They Do Not
Parents may be able to negotiate a detailed parenting plan. Even when communication is good, the plan should address holidays, travel, urgent decisions, and how future disagreements will be handled. If the parents cannot agree, the court may need to decide the unresolved issues. We help clients organize relevant facts and evaluate proposals against the child’s needs rather than treating every disagreement as a contest to win.
If custody is part of a divorce, see our DC divorce representation page. Our Washington, DC family law team can also explain related questions about financial support and other family matters.
Can a Custody Order Be Changed?
Families change. A parent’s relocation, a child’s needs, or an important shift in circumstances may raise questions about modifying an existing order. Under § 16-914(f), a custody modification requires a substantial and material change in circumstances and a finding that the change serves the child’s best interests. We can review the current order and the specific changes you are considering before you act.
Frequently Asked Questions
Can my child decide which parent to live with?
The court considers a child’s wishes where practicable, but DC law does not establish a fixed age at which the child chooses. The child’s preference is one factor, not an automatic decision.
Can we make major decisions independently under joint custody?
Start with the terms of your custody order. It determines how decision-making responsibilities are shared and what happens when urgent decisions are needed.
Will the court use the same holiday schedule for every family?
No. A workable schedule depends on the child’s needs and the circumstances of the parents. Summer breaks, holidays, transportation, and school commitments should be addressed in the parenting plan.
Speak With Our Washington, DC Family Law Team
Our office is located at 1717 K Street NW, Suite 900, Washington, DC 20006. Call (202) 519-0366 or schedule a consultation to discuss your situation. We can help you identify the questions to address before deciding on a course of action.
