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.
