Custody types

  • Legal custody โ€” authority over major decisions: education, healthcare, religion. Distinct from where the child sleeps.
  • Physical custody โ€” where the child primarily lives. A parent can share legal custody without equal physical custody.
  • Joint / sole custody โ€” shared between parents vs held by one. Joint legal custody with primary physical custody to one parent is a common arrangement.
  • Parenting time (visitation) โ€” 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 โ€” 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) โ€” a court-appointed investigator who reports on the child's best interests; see preparing for a GAL.
  • Custody evaluator โ€” a mental-health professional appointed for a deeper assessment, often including psychological testing.
  • Mediator โ€” a neutral who helps parents reach agreement without a ruling; see mediation preparation.
  • Parenting coordinator โ€” 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 โ€” the standard nearly everything is decided under: stability, involvement, welfare, each parent's support of the child's relationship with the other.
  • Parenting plan โ€” the document specifying the schedule, holidays, exchanges, decision-making, and dispute process. The thing mediation usually produces.
  • Ex parte โ€” an emergency request decided before the other parent responds; reserved for genuine urgency, and misusing it backfires.
  • Discovery โ€” 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 โ€” 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 โ€” 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 โ€” documentable ones.
  • Supervised visitation โ€” parenting time in the presence of an approved third party, ordered when a court has safety concerns.
  • Make-up time โ€” 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 โ€” 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 โ€” commonly 4 to 24 hours.

What does a guardian ad litem do?

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