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

TermWhat the law says
Legal CustodyThe right and responsibility to make major decisions regarding a child’s health, education, and welfare.
Physical CustodyWhere the child primarily lives and which parent provides day-to-day care.
Joint CustodyAn arrangement where both parents share legal and/or physical custody of the child.
Sole CustodyAn arrangement where one parent has exclusive legal and/or physical custody of the child.
Parenting PlanA detailed agreement outlining custody arrangements, visitation schedules, and decision-making protocols.
Parenting TimeThe time each parent spends with the child, as defined in the parenting plan or court order.
Right of First RefusalA 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.
ModificationA formal change to an existing court order, typically requiring a showing of changed circumstances.
Best Interests of the ChildThe legal standard used by courts to determine custody and visitation arrangements, based on what is most beneficial for the child’s welfare.

Court Professionals

TermWhat the law says
Family Court Services (FCS)The court-connected agency that provides mediation, investigation, and other services in family law cases.
FCS MediatorA 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 EvaluatorA 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 CounselAn attorney appointed by the court specifically to represent the legal interests of a child.
Collateral ContactsPeople other than the parties who are interviewed by an evaluator to gather additional information about the family.

Court Process and Orders

TermWhat the law says
Ex ParteA hearing or order granted with only one party present, typically for emergency situations.
Temporary OrdersOrders issued by a court on an interim basis, pending a final resolution of the case.
DeclarationA written statement made under penalty of perjury, submitted to the court as evidence.
StipulationA voluntary agreement between the parties, often reduced to a formal court order.

Psychological Terms

TermWhat the law says
Parental AlienationA 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.