Monday, September 14, 2015

Family Law Service Learning Case Summaries - Summer Term 2015 - Denise Roggatz

Family Law Service Learning Case Summaries - Summer Term 2015 - Denise Roggatz


Family Law Case Summary

Denise Roggatz


Title:  District of Columbia: Appeals Court Denies Aunts Visitation Rights

The District of Columbia Court of Appeals affirmed in Ruffin v. Roberts, 89 A.3d 502 (D.C. 2014) that the trial court lacks legal authority under divorce statutes to grant request for third-arty visitation of child over the objection of the husband who was awarded sole legal and physical custody of the child.

Ruffin and Roberts were married in the District of Columbia and had A.R. in 2009.  In 2010, Ruffin and Roberts legally separated and reached a temporary custody agreement, whereby Roberts was awarded physical custody of A.R. and Ruffin was accorded visitation rights. 

On January 7, 2011, Ruffin’s maternal aunt filed a motion to intervene as a third party, seeking visitation with the child. The trial court denied the motion and appointed a guardian ad litem.  In October 2011, Ruffin was convicted of arson and ordered to stay away from Roberts, the complainant in the arson case, and would likely remain incarcerated until September 2014.  Roberts subsequently filed for divorce, and a status hearing was scheduled for August 23, 2012, to address the issues of divorce and child custody.

At the status hearing, Ruffin’s trial counsel noted that both parties agreed to an absolute divorce, that Ruffin did not object to Roberts having sole physical and legal custody of the child, and that the only remaining issue was the request of third-party visitation of the child with Ruffin’s maternal aunts. 

On October 19, 2012, the trial court issued the Consent Custody Order awarding sole legal and physical custody of A.R. to Roberts.  Additionally, the court denied Ruffin’s request for A.R. to have third-party visitation with her maternal aunts, concluding that the court did not have the authority to order such visitation over the objection of a custodial parent.  Ruffin appealed the trial court’s decision. 

Ruffin claimed her consent to give up legal and physical custody was conditioned on the child’s visitation with her maternal aunts.  Ruffin also claimed that the trial court erred in concluding it did not have legal authority to order third-party visitation to her maternal aunts.  Additionally, Ruffin claimed that the Military Act authorizes a trial court to order third-party visitation rights to parties designated by a deployed parent to visit the children while they are away, and should be extended similarly to her time away.

The District of Columbia Court of Appeals reviewed the trial court’s decision, and on April 24, 2014 affirmed the trial court’s decisions holding that: 1) a wife’s consent to grant sole legal and physical custody of the child to the husband was not conditioned on a grant of third-party visitation with the wife’s maternal aunts; 2) the trial court lacked legal authority under divorce statute to grant request for third-party visitation with a child over the objection of the husband who was awarded sole legal and physical custody of the child; and 3) the Military Act did not apply to authorize the trial court to grant the request of the wife, who was not a deployed military parent, for the child’s third-party visitation with the wife’s maternal aunts.

Labels for the post:  child custody, third-party visitation, maternal aunt visitation, conditional grant of child custody

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