Child Custody - Learn to Speak the Language – 9 Legal Terms You Should Know

As soon as you enter the world of the child custody battle, you realize there is an entirely new set of words that you need to add to your vocabulary. There is nothing worse than heading off to your attorney’s office or to court for the first time and feeling like a foreigner in a foreign land. Once you realize that your child's welfare will likely be dependent on your ability to speak the language, or at least understand the language, it can be nearly overwhelming.

Family Court. Family Court is one of many types of court. Most of us are familiar with Traffic Court Criminal Court, and Civil Court, but Family Court is where the process of deciding how the child will spend their time and who will be responsible for what in their lives.

Child Support Court. Child Support Court is not separated in each jurisdiction, but it can be. This is the court where parents handle the financial aspects as they change through time.

Legal Custody. Legal Custody is the right to make legal decisions for the child. Decisions like where the child goes to school, what religion they are raised in, which doctor they see are all rights that go along with the assignment of Legal Custody.

Joint Legal Custody means that both parents have equal rights to the above.
Sole Legal Custody means that only one parent has the rights to the above.

Physical Custody. Physical Custody is the right that gives the parents the right to have the child live with them.

Joint Physical Custody means that both parents have equal rights to the child living with them.
Sole Physical Custody means that only one parent has the rights to the child living with them.

Mediation. Mediation is the parties working with a neutral third party to work out as many details as possible.

Evaluation. Evaluation (sometimes known as Arbitration) is a neutral third party that interviews all of the parties and issues a report that if adopted becomes the Child Custody Agreement. This process is normally $2000-$5000 dollars and is normally paid for equally by both parties.

Child Custody Agreement. The Child Custody Agreement contains all of the elements that were negotiated through the custody process. Each agreement is individualized to meet the needs of the family involved. Some of the common elements included are:

Specification of Legal Custody (covered above)
Specification of Physical Custody (covered above)
Visitation schedule (Sets the specific times and days, includes who picks-up and drops-off)
Holiday schedule (Sets the holiday rotation for who gets the child in which year)
Vacation schedule ( Sets the rules for who when vacation will begin and end and who will pick the specific days each year)
Stipulations (Items that are important to the parties may also be included here)

Court Order. The Court Order is the Child Custody Agreement being adopted by the Court. The Judge orders it to become the Order)

Contempt of Court. Contempt of Court is the enforcement aspect of a (Child Custody) Court Order. If the Court Order is not followed a Contempt of Court motion can be filed and heard by the judge. Only the Judge can enforce such a penalty. This is a civil matter and your only real enforcement is going back to court.