How Long Does Custody Take in D.C.?

How Long Does Custody Take in D.C.?

Child custody is often the most emotionally charged part of a separation or divorce. In Washington, D.C., many parents come into the process asking, “How long will this take?” The answer depends on multiple factors — including the complexity of the case, court availability, and whether the parents can agree outside of court.

This guide walks you through what to expect in a D.C. custody case, from the moment you file to when a final order is issued. Whether you’re starting the process or already in the middle of it, understanding the timeline — and where delays typically happen — can help you make better decisions and protect your child’s best interests.

What Determines the Length of a Custody Case in D.C.?

There’s no one-size-fits-all answer, but most custody cases in Washington, D.C. take between six months to over a year to resolve. The actual timeline is influenced by:

• Whether the case is contested or uncontested 
• How quickly each parent responds to legal requests or filings 
• The availability of the D.C. Superior Court 
• Whether a custody evaluation, guardian ad litem, or mediation is required 
• The complexity of the issues (relocation, abuse allegations, or special needs) 

Generally speaking, the more cooperative both parties are, the shorter the process.  The more contentious the case, the more witnesses, the more experts–one can expect a long process.

Overview: The Child Custody Process in D.C.

To help clarify what to expect, here’s a step-by-step breakdown of the major phases in a D.C. custody case and how long each typically takes:

1. Filing the Petition

The process officially begins when one parent files a Complaint for Custody with the D.C. Superior Court’  Domestic Relations Branch.. This document outlines the relief being sought (legal custody, physical custody, visitation, etc.).

There are specific notices that must be contained in the Complaint for Custody that are found in D.C. Code Section 16-4602.09(e). Failure to include them may result in you having to start over or have your case dismissed.

Once filed, the petition must be served to the other parent. This must be done within 60 days, but most parties complete service within a few weeks using a process server  or by certified mail return receipt requested or registered mail.  If you choose to mail, you must file proof of delivery to Defendant.

2. Answer and Initial Hearing

The other parent has 20 days to file an Answer after being served. The court will schedule an Initial Hearing, usually within 60-90 days of the Complaint  filing. This is not a trial, but a scheduling hearing to determine next steps. At the hearing, the court may:

• Refer the case to mediation
• Assign a custody evaluator or guardian ad litem (GAL)
• Set deadlines for discovery (exchange of documents and information)
• Enter a temporary custody and visitation order 

If the parents agree on custody terms, the court may accept a Parenting Plan and issue a consent order, significantly speeding up the timeline.

3. Mediation and Temporary Agreements

D.C. courts often require parents to attend custody mediation, which is typically handled through the Multi-Door Dispute Resolution Division. Mediation usually occurs within 30–60 days of the initial hearing.

If parents can reach a temporary or final agreement in mediation:

• The agreement is filed with the court. 
• A final hearing may be scheduled for court approval (much faster than a full trial). 

If no agreement is reached, the case proceeds to discovery and trial.

4. Custody Evaluations and GAL Involvement

In contested cases, the court may appoint a guardian ad litem to represent the child’s best interests, order a home sturdy or order a custody evaluation to assess the family dynamic. These evaluations include interviews, home visits, and sometimes psychological testing.  Custody evaluations are performed either by the court’s Custody Assessment Unit (for home studies) or the Assessment Center of the D.C. Department of Behavioral Health (for forensic evaluations), and are free of charge if ordered by the court.  Parties are free to hire a private professional at their own expense to perform a custody evaluation.  

Custody evaluations often take 8 to 12 weeks to complete. This is one of the primary causes of extended timelines, but they can be critical in high-conflict cases.

5. Emergency Custody Cases

A custody case may be expedited if an emergency is alleged. Generally, the court will consider evidence of the following situations to be deemed an emergency:

• Abuse/neglect
• Risk of abduction
• Domestic violence
• Arrest of custodial parent of a serious crime
• Withholding of access to child by custodial parent (this usually requires a complete denial of access as opposed to not getting the access you really want)

6. Discovery Phase

During discovery, each side gathers evidence such as:

• School and medical records
• Text messages, emails, or other communications
• Photographs and videos
• Witness testimony 
• Expert opinions 

Discovery can take several weeks to several months, depending on how much information needs to be exchanged and whether there are disputes about sharing documents.

7. Pre-Trial Hearings and Settlement Discussions

Before a trial, courts typically hold status or pre-trial hearings to:

• Narrow down the issues in dispute 
• Ensure both sides have complied with discovery 
• Encourage final settlement discussions

Many cases are resolved at this stage, often through attorney negotiation or continued mediation.  Even if not resolved at this stage, settlement can occur at any time prior to trial.

8. Trial and Final Custody Order

If no agreement is reached, the case proceeds to trial. Custody trials in D.C. may last anywhere from 1 to 5 days, scheduled over multiple weeks depending on the court’s availability.  Litigants should not expect that a multi-day trial will occur over consecutive days.

After the trial, the judge issues a Final Custody Order detailing:

• Legal custody (who makes decisions) 
• Physical custody (where the child lives) 
• Visitation or parenting time schedule 
• Any specific provisions (e.g., travel, transportation, school decisions, communication rules) 

A written order is usually issued within 30 days after trial.

Factors That Can Speed Up (or Delay) a Custody Case

While the above timeline offers a general estimate, several factors can accelerate or delay the process:

Factors that may speed up the case:

• Parents agree to a parenting plan early 
• Mediation is successful 
• There are no contested issues like decision-making, parenting time, relocation or abuse 
• Legal representation is proactive and organized 

Factors that may delay the case:

• Scheduling conflicts of the attorneys and parties, or court backlogs
• Disputes over discovery and evidence
• Need for custody evaluations or mental health assessments
• Requests for continuances (postponements) 

The D.C. Superior Court’s Family Court Division handles hundreds of cases at a time. Delays can happen, even in uncontested matters. Having legal counsel to navigate court procedures can help reduce unnecessary hold-ups.

Types of Custody in D.C. — and Why That Affects the Timeline

In Washington, D.C., there are two primary custody distinctions:

1. Legal Custody – The right to make decisions about education, healthcare, religion, and general welfare. 
2. Physical Custody – Where the child lives and the schedule of time spent with each parent. 

Courts can award:

• Joint legal and joint physical custody 
• Sole legal and joint physical custody 
• Sole custody (in rare cases where one parent is unfit or uninvolved) 

Disagreements over legal custody or major scheduling disputes can significantly lengthen the process. For example, if one parent seeks sole legal custody, the court may require additional evidence, evaluations, or witness testimony.

How to Prepare for a D.C. Custody Case

Here are practical steps parents can take to protect their interests and potentially shorten the custody process:

Step 1: Keep Records

Track your involvement in your child’s life — school pickups, extracurriculars, medical appointments, therapeutic appointments and communication. This can help demonstrate active parenting.

Step 2: Be Proactive in Communication

Try to keep written records of all co-parenting communication. Emails or texts can later show cooperation (or the lack thereof).

Step 3: Explore Early Agreements

If you and the other parent agree on key custody issues, consider drafting a Parenting Plan early in the process. Courts favor agreements made by parents over court-imposed solutions.  Even a partial agreement may speed up the process and reduce costs.

Step 4: Cooperate with Mediation

Be prepared for mediation by understanding your goals but also identifying areas where you can compromise.

Step 5: Consult a Custody Attorney Early

Legal representation from the start helps avoid mistakes, prepares you for each step, and positions you to reach resolution more quickly.

Need help getting started? Contact us today to speak with a custody attorney in D.C. who can help you move forward with confidence.

Frequently Asked Questions (FAQs)

How long does a typical custody case take in D.C.?
Most custody cases take 6 to 12 months, depending on whether the case is contested, requires evaluations, or ends in trial. Highly contested matters can take longer.

Can we get a custody order without going to trial?
Yes. If both parents agree to a Parenting Plan, the court can issue a consent custody order without trial, which significantly reduces the time required.

Is mediation required in D.C. custody cases?
Often, yes. The court may refer parents to mediation through the Multi-Door Dispute Resolution Division, especially if the case is contested but not urgent. 

What if the other parent doesn’t respond to the petition?
If a parent fails to respond within the court’s deadline, the court may enter a default judgment, granting custody based on the petitioner’s requests.

What’s the role of a guardian ad litem (GAL)?
A GAL represents the child’s best interests and may interview both parents, visit homes, and make recommendations to the court, especially in high-conflict or complex cases.

Speak to a Trusted D.C. Custody Lawyer Today

Every custody case is unique, but the sooner you understand the timeline, the better you can prepare. At Curran Moher Weis, we provide clear guidance and compassionate counsel to help parents throughout Washington, D.C. navigate custody disputes with confidence and care.

Whether you’re filing for custody, responding to a complaint, or trying to enforce an existing order, our team has the experience and insight to advocate for your child’s best interests.

Schedule a consultation today — and take the next step toward clarity and resolution.