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, if you live in Utah, New York probably does not have jurisdiction over your case. (The Uniform Child Custody Act sets which U.S. state has jurisdiction in custody cases).

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.