(a) An award of custody to a third party under this chapter may be modified or terminated upon the motion of any party, or on the court’s own motion, upon a determination that there has been a substantial and material change in circumstances and that the modification or termination is in the best interests of the child.
(b) When a motion to modify an award of custody to a third party under this chapter is filed, the burden of proof is on the party seeking a change, and the standard of proof shall be by a preponderance of the evidence.
(c) Any award of custody based on revocable parental consent entered pursuant to the agreement of all parties under § 16-831.06(d) shall be immediately vacated and of no further effect upon the filing of a revocation by the consenting parent or the third party.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(l), 56 DCR 1117.)
D.C. Law 17-353 validated a previously made technical correction in the section designation.
For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
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