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Child Custody Legal Terms
Legal Terms
The legal terms which are commonly used to describe the legal relationship between both parent and child are;
Child Custody, Guardianship, Parenting Schedule, Custodial Parent, Non-Custodial Parent, Joint Custody, Joint Custody, Physical Custody, Sole Custody, Mediation, Tempory Orders, Final Orders, Modification of an Order, and Protective Order.
A child custody case is any indifference in the scope of permaent residence of the children, visitation, child support, and any other issues not agreed upon by the parents.
Guardianship is A legal guardian a person who has the legal authority to care for the children and can also designate who becomes the legal guardian in the event of death If there is a conflict of who is the legal guardian, the Courts will have the power to appoint the appropriate individual A guardian appointed to represent the interests of a person, or child in this case with respect to a single action in litigation is a guardian ad litem.
Parenting Schedule is a schedule that is worked out by both parents to adhere to visitation with the children.
Custodial Parent is a parent who is given legal or physical custody of a child by the court.
Non-Custodial Parent is a parent who does NOT have legal or physical custody of the children by the court.
Joint Custody is when the court has awarded BOTH parents/parties custody and where neither parent is a non-custodial.
Physical Custody is when the Court has given a parent or guardian the physical custody of the child and who resides with that parent.
Sole Custody means that one person has all the decision making power over the children’s best interest and typically will reside with that parent.
Mediation is when a third party helps to facilitate an agreement between the respective parties.
Temporary Order is when the Court has set out a temporary set of rules for both parents/parties to adhere to who cannot agree upon the best interest of the children. The purpose for this is to see if this arrangement will work out and can still be adjusted after the order is put into effect. This is the most critical time for the parent/s to show they can nurture, and promote the relationship with the other parent if in their possession.
Final Order is when the temporary hearing/orders have been established, usually months before and where changes can be made BUT the final order is what will stand to be followed as outlined and considered binding.
Modification of an Order is only applicable when there is clear, affirmative change in circumstances outlined in the Final Order.
Protective Order is a civil court order that is issued to prevent family violence of a continued nature. Examples are; any member of a family or household who intends to physically harm another member, a serious threat of physical harm, or the abuse of a child or children.
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