District of Columbia § 16-2395 Modification, termination, or enforcement of the guardianship order.

District of Columbia Statutes

§ 16-2395 — Modification, termination, or enforcement of the guardianship order.

District of Columbia·Title 16 Particular Actions, Proceedings and Matters. [Enacted title]·Ch. 23 Family Division [Family Court] Proceedings.·Subch. V Permanent Guardianship.

(a)Any party may move the court to modify, terminate, or enforce a guardianship order or an order of child support created under this subchapter.

(b)Notice of a motion to modify, terminate, or enforce a guardianship order or an order of child support shall be personally served on all parties. If personal service under this section cannot be effected, then notice shall be made constructively pursuant to rules of the Superior Court of the District of Columbia.

(c)The court may issue an order of reference directing the Mayor to file a report and recommendation regarding the proposed modification or termination of the guardianship order within 45 days of the filing date of the motion.

(d)A guardianship order may be modified or terminated if the court finds, by a preponderance of the evi

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(a) Any party may move the court to modify, terminate, or enforce a guardianship order or an order of child support created under this subchapter.

(b) Notice of a motion to modify, terminate, or enforce a guardianship order or an order of child support shall be personally served on all parties. If personal service under this section cannot be effected, then notice shall be made constructively pursuant to rules of the Superior Court of the District of Columbia.

(c) The court may issue an order of reference directing the Mayor to file a report and recommendation regarding the proposed modification or termination of the guardianship order within 45 days of the filing date of the motion.

(d) A guardianship order may be modified or terminated if the court finds, by a preponderance of the evidence, that there has been a substantial and material change in the child’s circumstances subsequent to the entry of the guardianship order and that it is in the child’s best interests to modify or terminate the guardianship order.

(e) The court shall hold an adjudicatory hearing as provided for in section 16-2388 before modifying or terminating a guardianship order and shall, at the conclusion of the hearing, enter a written order reciting the findings upon which such order is based, including findings pertaining to the court’s jurisdiction.

(f) Upon entry of an order terminating the guardianship, the permanent guardian shall no longer be entitled to physical custody of the child, have any other parental rights and responsibilities concerning the child created under this subchapter, or have party status in any further proceeding brought under this subchapter.

(g) Upon entry of an order terminating the guardianship, the court shall hold a hearing pursuant to section 16-2323.

District of Columbia § 16-2395 (Modification, termination, or enforcement of the guardianship order.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.