Custody documentation guide

Custody terms, translated into plain English

Family law has a vocabulary problem: the words are ordinary but the meanings are technical, and half the anxiety of a first attorney meeting is nodding along to terms you're guessing at. Here are the sixteen that come up constantly, in plain English. Terminology varies by state — Texas says "conservatorship," Florida says "time-sharing" — but the concepts travel.

Quick answer: Legal custody is decision-making authority; physical custody is where the child lives; parenting time is the schedule itself. Joint means shared, sole means one parent. Most other terms — right of first refusal, guardian ad litem, contempt — define who steps in when the plan needs interpreting or enforcing.

Custody types

**Legal custody** — authority over major decisions: education, healthcare, religion. Distinct from where the child sleeps.
**Physical custody** — where the child primarily lives. A parent can share legal custody without equal physical custody.
**Joint / sole custody** — shared between parents vs held by one. Joint legal custody with primary physical custody to one parent is a common arrangement.
**Parenting time (visitation)** — the actual schedule of time with each parent. Modern courts increasingly use "parenting time" for both parents rather than "visitation" for one.
**Custodial / noncustodial parent** — the parent with primary physical custody vs the other. The label matters less than the schedule and support math attached to it.

People and roles

**Guardian ad litem (GAL)** — a court-appointed investigator who reports on the child's best interests; see preparing for a GAL.
**Custody evaluator** — a mental-health professional appointed for a deeper assessment, often including psychological testing.
**Mediator** — a neutral who helps parents reach agreement without a ruling; see mediation preparation.
**Parenting coordinator** — a professional some courts appoint after orders exist, to resolve day-to-day disputes without returning to court.

Process terms

**Best interests of the child** — the standard nearly everything is decided under: stability, involvement, welfare, each parent's support of the child's relationship with the other.
**Parenting plan** — the document specifying the schedule, holidays, exchanges, decision-making, and dispute process. The thing mediation usually produces.
**Ex parte** — an emergency request decided before the other parent responds; reserved for genuine urgency, and misusing it backfires.
**Discovery** — the formal exchange of information and documents before hearings; your records may be requested, which is one more reason they should be factual and calm.
**Contempt** — the enforcement mechanism when someone violates a court order; proving it usually requires exactly the dated documentation of violations a custody journal contains.

Schedule terms

**Right of first refusal** — a plan clause requiring a parent who needs childcare during their time to offer it to the other parent before a sitter. Frequently disputed, and disputes turn on dates and messages — documentable ones.
**Supervised visitation** — parenting time in the presence of an approved third party, ordered when a court has safety concerns.
**Make-up time** — time credited for missed parenting time. Whether it actually happens is a pattern worth logging.

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 primarily lives. They're awarded separately — sharing one doesn't imply sharing the other.

What does right of first refusal mean in a parenting plan?

If a parent needs childcare during their scheduled time (beyond a defined period), they must offer the time to the other parent before arranging a babysitter. Plans define the trigger — commonly 4 to 24 hours.

What does a guardian ad litem do?

Investigates the family — interviews, home visits, records, collateral contacts like teachers — and reports to the court on the child's best interests. Judges give these reports significant weight.

How Casewell can help

Casewell helps you keep calm, timestamped, organized documentation with attachments and PDF exports for attorney review, family court preparation, mediation, or your own records.