Terms To Know in a Child Custody Case (With Definitions)

Custody cases can involve lots of confusing terminology and even Latin. In this glossary, we explain the important terms in everyday language.

50/50 parenting schedule: A parenting schedule in which each parent has about half of the parenting time.

60/40 parenting schedule: A parenting schedule in which one parent has about 60% of the parenting time and the other has about 40%.

70/30 parenting schedule: A parenting schedule in which one parent has about 70% of the parenting time and the other has about 30%.

80/20 parenting schedule: A parenting schedule in which one parent has about 80% of the parenting time and the other has about 20%.

90/10 parenting schedule: A parenting schedule in which one parent has about 90% of the parenting time and the other has about 10%.

Activities calendar: A digital tool for visually displaying your children's plans on top of your parenting schedules.

Actual parenting time: The amount of parenting time a parent actually gets, which may differ from the amount they're supposed to get.

Affidavit: A written statement that usually needs to be signed in front of a notary. Often used as evidence in a trial.

Alternative dispute resolution methods (ADR methods): Used to resolve child custody and divorce matters outside of court. Methods include mediation, collaborative law and arbitration.

Arrears: Past-due payments, such as child support.

Child custody: The legal right and responsibility to care and make decisions for a child.

Child-info storage: A digital space to save information about your child so you or your co-parent can easily access it.

Code: A set of laws governing a specific topic, e.g., family code.

Contempt of court: Defiance of the court. Penalties for contempt range from fines to jail time.

Contested case: A case where parents disagree on some or all matters.

Co-parent: A parent who raises their child in collaboration with their ex.

Co-parenting: When parents work together to raise their child after their relationship ends.

Co-parenting app: Software that makes co-parenting easier, like Custody X Change. It usually has a parenting calendar, child-info storage and more.

Co-parent messaging: A tool for co-parents to write each other about their child. Better than texting because parents can print and export messages by topic.

Custody evaluation: Process in which a mental health professional determines what's best for a child so they can make a recommendation to the court. The evaluator may interview parents, the child and those who know the family well.

Custodial parent: The child's main caregiver. They usually have sole or primary physical custody.

Custody journal: A digital or physical place to take notes about what happens in your child's life. It can serve as evidence in a custody case.

Decree: Also called a court order, a decree details arrangements for custody and divorce as decided by a judge or agreed upon by parents.

Default judgment: Grants the petitioner some or all of their requests when the respondent does not respond to a petition for custody or divorce.

Depositions: The out-of-court questioning of witnesses in the presence of a court reporter. The transcripts can be used as evidence at trial.

Discovery: A period in the court process dedicated to collecting and exchanging documents and information to settle a case or prepare for trial.

Emergency order: A court order made to address an urgent issue that can't wait for a standard temporary order or a final order.

Ex parte: Meaning "for one party," ex parte refers to hearings that happen with only one parent present. Hearings for emergency orders are often ex parte.

Filing: Turning in forms to the court. Paper filing is when you give physical forms to the court, and e-filing is when you submit your forms electronically.

Final order: Details the final arrangements for custody and divorce as decided by a judge or agreed upon by parents.

Hearing: A court appearance held so a judge or other judicial officer can make decisions about the case. A trial is a type of hearing.

Hostility monitor: A tool that discourages parents from sending each other hostile messages. When the Custody X Change hostility monitor detects combative language in a message draft, it asks the parent if they'd like to rephrase.

Joint legal custody (shared decision-making): Grants both parents the right and responsibility to make decisions for their child.

Joint physical custody (shared parenting time): Grants both parents the right and responsibility of providing their child's day-to-day care and residence.

Jurisdiction: The power to issue an order in a case. (For example, circuit courts often have jurisdiction over child custody.) It can also refer to the place where the power exists, like a state or district.

Legal aid: A public service that gives low-income people access to legal help.

Litigant (party): A person named in a case.

Minor: A person who hasn't reach the age of legal adulthood (usually 18).

Motion: A request made to the court, often in writing.

Noncustodial parent: The parent who spends less time with the child. They often still share joint legal custody with the custodial parent.

Obligee (payee): The person who receives child support or alimony.

Obligor (payor): The person who pays child support or alimony.

Parenting calendar: A grid for visually displaying parenting schedules. The Custody X Change digital calendar makes schedules easy to follow with reminders, mobile access and more.

Parenting plan: A set of parenting rules for parents who aren't in a relationship. It includes a parenting schedule. Parents create a parenting plan together or have a judge decide on one.

Parenting schedule (visitation schedule): A plan for when a child will be in the care of each of their parents.

Parenting time: Time when a parent is in charge of caring for their child. The parent is not necessarily with the child the whole time, e.g., if the child is at school.

Petition (application): A court document used to request orders for custody, divorce, etc.

Petitioner (plaintiff or applicant): The person who files a petition with the court.

Pro bono: Short for pro bono publico, meaning "for the good of the public," this term refers to free legal representation.

Pro se (self-represented): Meaning "on one's own behalf," this term refers to parents who handle their case without attorney representation.

Provision (stipulation): A requirement in a legal agreement or court order. For example, a provision in a parenting plan might say parents will stay in their cars during custody exchanges.

Respondent (defendant): The parent who did not start the case.

Restraining order: This often refers to a protective order that addresses a domestic violence issue. However, in a divorce case, you may also hear the term automatic restraining order, which doesn't imply there has been abuse; instead, it's a standard rule that simply means that neither parent may hide assets nor move away with the child while the divorce is in progress.

Service: The process by which copies of paperwork filed with the court by one party are provided to the other.

Settlement: An agreement filed with the court. If a settlement addresses all issues and receives the court's approval, it ends the case.

Sole legal custody (sole decision-making): Puts one parent in charge of making major child-related decisions.

Sole physical custody (primary parenting time): Gives one parent the majority of parenting time and the responsibility of providing the child's primary residence.

Summons: A court document ordering someone to appear in court.

Temporary order (pendente lite order): An order that gives parents custody, or requires certain other arrangements like child support, before the final order.

Unbundled legal services (limited representation): Tasks a lawyer does without taking on an entire case. For example, if you pay a lawyer just to review your parenting plan, that's an unbundled service. Limited representation can mean the same thing, or it can mean that a lawyer will give you full representation until your case reaches a certain point (like when you go to mediation).

Uncontested case: A case where parents agree on how to resolve all matters. Parents who agree from the outset of their case can file a joint application if offered by the court.

Visitation: Time the child spends with the noncustodial parent or third parties, like grandparents.