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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FAMILY (LawHelp.org)

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MOTION TO INTERVENE
Does the Plaintiff Consent to this Motion? □ yes □ no
Does the Defendant Consent to this Motion? □ yes □ no
I, ___________________________________________, respectfully request the Court to
PRINT YOUR NAME
grant me permission to intervene as a party in this case.
1. I have standing to intervene in this case because: [CHECK ALL THAT APPLY]
The parent who is or has been the primary caretaker of the child[ren] within the past 3
years consents to my request for custody.
(a) I have lived in the same household as the child for at least 4 of the last 6 months, if the
child[ren] is/are under the age of 6 months, for at least half of the child[ren]'s life; and (b) I
have primarily assumed the duties and obligations for which a parent is legally responsible,
including providing the child[ren] with food, clothing, shelter, education, financial support,
and other care to meet the child[ren]'s needs.
I am living with the child[ren] and I need custody to prevent harm to the child, because
[PROVIDE SPECIFIC REASONS]:
________ DRB _______________
________________________________________
PRINT PLAINTIFF’S NAME
PLAINTIFF,
v.
_________________________________
PRINT DEFENDANT’S NAME
DEFENDANT.
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT
Domestic Relations Branch
JUDGE: _____________________
DC Bar Pro Bono Center (revised 04/2021)
Motion to Intervene (Third Party Custodian) - Page 1 of 6
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________
I am a de facto parent because:
(a) I have lived with the child[ren] in the same household for at least 10 of the last 12
months;
(b) I have formed a strong emotional bond with the child[ren] with the
encouragement and intent of the child[ren]’s parent that the child[ren] and I have a
parent-child relationship;
(c) I have taken on full and permanent responsibilities as the child[ren]’s parent; and
(d) I have held myself out as the child[ren]’s parent with the agreement of the
child[ren]’s parent, or if there are two parents, both parents.
I am a de facto parent because:
(a) I lived with the child[ren] in the same household when the child[ren] was/were
born or adopted;
(b) I have taken on full and permanent responsibilities as the child[ren]’s parent; and
(c) have held myself out as the child[ren]’s parent with the agreement of the
child[ren]’s parent or, if there are two parents, both parents.
Other:
2. I wish to intervene in order to file the following pleading, a copy of which is
attached:
□ Complaint for Custody/Visitation
□ Motion for Custody/Visitation
□ Other:
DC Bar Pro Bono Center (revised 04/2021)
Motion to Intervene (Third Party Custodian) - Page 2 of 6
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
______________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____
Request for Relief
I RESPECTFULLY REQUEST that the Court grant me permission to intervene as a party in
DOI request an oral hearing in front of the judge on this motion.
DO NOT
this matter.
I ALSO REQUEST that the Court award any other relief it considers fair and proper.
I declare under penalty of perjury that the foregoing is true and correct.
If this document is to be signed outside the geographic boundaries of the United States, Puerto
Rico, the United States Virgin Islands, and any territory or insular possession subject to the
jurisdiction of the United States, additional requirements must be met prior to signing.
See Super. Ct. Dom. Rel. R. 2(c)(1)(B).
____________________________________
SIGN YOUR NAME
____________________________________
PRINT YOUR NAME
____________________________________
HOME ADDRESS 1
____________________________________
HOME ADDRESS 2
SUBSTITUTE ADDRESS: CHECK BOX IF YOU
HAVE WRITTEN SOMEONE ELSE’S ADDRESS
BECAUSE YOU FEAR HARASSMENT OR HARM.
____________________________________
DATE
____________________________________
PHONE NUMBER
____________________________________
EMAIL ADDRESS
/ I do
do not know of any proceedings in the District of Columbia or in any state or
as this case. Please list sterritory involving the same claim or subject matter as this case. Pl
docket number for cases involving the same claim or subject matter.
Court
Case Number Case Type
3.
DC Bar Pro Bono Center (revised 04/2021)
Motion to Intervene (Third Party Custodian) - Page 3 of 6
. Add slashes to either side /like this/ to sign electonically.
POINTS AND AUTHORITIES IN SUPPORT OF
MOTION TO INTERVENE
In support of this Motion, I respectfully refer the Court to:
1. D.C. Code §§ 16-831.01(1), 16-831.02(a)(1), and 16-831.03.
2. Super. Ct. Dom. Rel. R. 7(b) and 24.
3. The record in this case.
4. The attached supporting documents, if any.
[LIST ANY DOCUMENTS THAT YOU ARE ATTACHING]
DC Bar Pro Bono Center (revised 04/2021)
Motion to Intervene (Third Party Custodian) - Page 4 of 6
Serving Domestic Relations Pleadings Filed During COVID-19
What is “service”?
Service means giving a copy of court papers to the other party or parties in your case. You must serve the other
party or parties with any motions, answers, or other papers (“pleadings”) you file in your Domestic Relations
case.
This document tells you:
• How to figure out what type of service you have to do
• How to tell the Court that you served your papers to the other party
• How to find more information about service
Are there different rules for service in different cases?
Yes. There are different rules for service depending on whether your case is open or closed.
If:
The Court has not yet issued a final order Open
The Court issued its final order less than 60 days ago
The Court issued its final order more than 60 days ago
Not sure if your case is open or closed? Call the Family Court Self-Help Center at 202-879-0096.
My case is open. How do I serve somebody?
If your case is open, you must follow Rule 5 of the Domestic Relations rules. Rule 5 says that you must serve the
papers in one of these ways:
Hand the papers to the other party
Leave the papers at the other party’s home with a person who lives there and is at least 18 years old
Leave the papers at their lawyer’s office
Send it by first-class mail to party (or lawyer’s) last known address
Through the Court’s e-filing software, CaseFileXpress
Any other way, as long as the other party agrees in writing
If the other party has a lawyer, you must serve their lawyer.
DC Bar Pro Bono Center (revised 04/2021)
Motion to Intervene (Third Party Custodian) - Page 5 of 6
I served the papers in my open case. Now what?
Once you serve the papers on the other party, you must tell the court by completing two steps:
1. Fill out a Rule 5 Proof of Service form. You can find this form here
.
2. File the form with the Court. During the COVID-19 public health crisis, you can file the form by emailing
it to FamilyCourtCIC@dcsc.gov
.
My case is closed. How do I serve somebody?
If your case is closed when you file your motion, the Court will send you a summons to serve on the other party
or parties. You must follow Rule 4
of the Domestic Relations rules. Rule 4 says that you must serve both the
summons and your motion in one of the following ways:
Ask someone else (18 or older) to hand the papers to the other party (you cannot do this yourself)
Ask someone else (18 or older) to leave the papers at the other party’s home with a person who lives
there and is at least 18 years old (you cannot do this yourself)
Send the documents by certified or registered mail to the other party’s last known address
During the COVID-19 pandemic, you can send these documents by email or text
You can find a more detailed version of these instructions here
.
I served the papers in my new or closed case. Now what?
Once you serve the papers on the other party, you must tell the court by completing two steps:
1. Fill out a Rule 4 affidavit. The affidavit is different depending on how you served the papers.
a. If you served the other party by text or email, use the affidavit here
.
b. If you served the other party by certified mail, use the affidavit here.
c. If someone else handed the papers to the other party or someone who lives with them, use the
affidavit here
.
2. File the affidavit with the Court. During the COVID-19 public health crisis, you can file the affidavit form
by emailing it to FamilyCourtCIC@dcsc.gov
.
How can I get help figuring out how to serve my papers?
If you need help, call the Family Court Self-Help Center at 202-879-0096. The Family Court Self
Help Center can explain the process to you, help you complete the proper legal papers, and
direct you to other free legal resources.
Visit www.lawhelp.org/dc
for more information, including how to contact free legal assistance organizations, or
call the D.C. Bar Legal Information Helpline at 202-626-3499 to listen to recorded messages about this issue.
DC Bar Pro Bono Center (revised 04/2021)
Motion to Intervene (Third Party Custodian) - Page 6 of 6
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Completed 13 June 2021

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