Custody types
- Legal custody โ who can make major decisions about matters such as education and healthcare. This is separate from where the child lives.
- Physical custody โ where the child lives most of the time. Legal and physical custody can be decided separately.
- Joint / sole custody โ
jointgenerally means shared;solegenerally means held by one parent. Check the order for the exact rights and responsibilities. - Parenting time (visitation) โ the schedule for when a child is with each parent. Courts may use either term.
- Custodial / noncustodial parent โ labels often used for the parent with whom the child mainly lives and the other parent. Definitions can affect support or court process. So use the wording in your order and local rules.
People and roles
- Guardian ad litem (GAL) โ a person appointed to protect or represent a child's interests in a case. The role and powers vary widely. Read the appointment order. See preparing for a GAL.
- Custody evaluator โ a court-appointed expert who assesses exact custody questions and reports findings or recommendations. The process varies by state and order.
- Mediator โ a neutral person who helps parents try to reach an agreement but does not decide the dispute. See mediation planning.
- Parenting coordinator โ an expert used in some states or cases to help parents implement an existing plan and manage certain disputes. Their authority comes from local rules and the appointment order.
Process terms
- Best interests of the child โ the legal standard courts use for custody and parenting-time decisions. The factors a court must consider vary by state.
- Parenting plan โ a document or court order covering matters such as the schedule, holidays, exchanges, and decision-making. Needed contents vary.
- Ex parte โ a request considered without the other party taking part at that stage. It is often used for urgent issues. But the rules and notice requirements vary.
- Discovery โ the formal process for exchanging relevant information and documents in a case. Your records may be requested, which is one reason to keep them factual and exact.
- Contempt โ a court finding that someone disobeyed an order or failed to meet a legal duty. The needed proof and available consequences vary. A custody journal can organize records. But it does not set up contempt by itself.
Schedule terms
- Right of first refusal โ if this clause is in a plan, it may need a parent who needs childcare during their time to offer that time to the other parent first. The clause should define when it applies.
- Supervised visitation โ parenting time that takes place with an approved person or service present. The order should state the conditions.
- Make-up time โ replacement parenting time after scheduled time was missed. Whether it is needed, agreed, or completed should be recorded separately.
How Casewell can help
Casewell keeps dated notes and their files together, then exports the ones you choose as a PDF for a lawyer, a mediator or your own records.
What's the difference between legal and physical custody?
Legal custody is decision-making authority over major issues like education and healthcare. Physical custody is where the child mainly lives. They're awarded separately โ sharing one doesn't imply sharing the other.
What does right of first refusal mean in a parenting plan?
It is a clause that may need a parent who needs childcare during their scheduled time to offer that time to the other parent first. It applies only if the governing plan or order includes it. Read the clause for its trigger, exceptions, notice method, and response deadline.
What does a guardian ad litem do?
The role varies by state, case type, and appointment order. A GAL may investigate, represent, or otherwise protect a child's interests. Check the appointment order to see what the GAL may do, what information they need, and how they report to the court.
Sources
Legal steps and terms vary. These official sources were checked for the general points used in this guide.