Family Court Glossary for Parents
Family court has its own language, and most parents are expected to follow it without anyone explaining it. Here are 20 of the terms you are most likely to hear, with what each one means in legal terms, from Dr. Miguel Alvarez, PhD, licensed clinical psychologist (CA and HI) with 28+ years in family court.
Custody and Parenting Court Professionals Court Process and Orders Psychological Terms
Custody and Parenting
| Term | What the law says |
|---|---|
| Legal Custody | The right and responsibility to make major decisions regarding a child’s health, education, and welfare. |
| Physical Custody | Where the child primarily lives and which parent provides day-to-day care. |
| Joint Custody | An arrangement where both parents share legal and/or physical custody of the child. |
| Sole Custody | An arrangement where one parent has exclusive legal and/or physical custody of the child. |
| Parenting Plan | A detailed agreement outlining custody arrangements, visitation schedules, and decision-making protocols. |
| Parenting Time | The time each parent spends with the child, as defined in the parenting plan or court order. |
| Right of First Refusal | A provision requiring that if one parent cannot care for the child during their parenting time, they must offer the other parent the opportunity before using a third-party caregiver. |
| Modification | A formal change to an existing court order, typically requiring a showing of changed circumstances. |
| Best Interests of the Child | The legal standard used by courts to determine custody and visitation arrangements, based on what is most beneficial for the child’s welfare. |
Court Professionals
| Term | What the law says |
|---|---|
| Family Court Services (FCS) | The court-connected agency that provides mediation, investigation, and other services in family law cases. |
| FCS Mediator | A neutral professional employed by the court who meets with both parents to facilitate agreement on custody and visitation, then provides a recommendation to the judge. |
| Custody Evaluator | A mental health professional appointed by the court or agreed upon by the parties to conduct a comprehensive evaluation of the family and make custody recommendations. |
| Guardian Ad Litem (GAL) | A person appointed by the court to represent the best interests of a child in legal proceedings. |
| Minor’s Counsel | An attorney appointed by the court specifically to represent the legal interests of a child. |
| Collateral Contacts | People other than the parties who are interviewed by an evaluator to gather additional information about the family. |
Court Process and Orders
| Term | What the law says |
|---|---|
| Ex Parte | A hearing or order granted with only one party present, typically for emergency situations. |
| Temporary Orders | Orders issued by a court on an interim basis, pending a final resolution of the case. |
| Declaration | A written statement made under penalty of perjury, submitted to the court as evidence. |
| Stipulation | A voluntary agreement between the parties, often reduced to a formal court order. |
Psychological Terms
| Term | What the law says |
|---|---|
| Parental Alienation | A pattern of behavior by one parent that undermines the child’s relationship with the other parent. |
What these terms mean for you
The legal definition tells you what the word means. It does not tell you what to do when you hear it in a hearing. That is what members get: Dr. Alvarez’s explanation of all 45 terms and how to prepare for each.
This glossary is for educational purposes only and does not constitute legal advice. Legal terms can mean different things in different states and court contexts. Always ask your attorney what a term means in your specific case.
