Legal Lingo for your Custody Matter

As lawyers, we essentially learn how to speak a completely different language that sounds like gibberish to the average person. While we always make an effort to keep you informed and explain all aspects of your case, there are some words or phrases you may hear that are not immediately familiar. Below please find a list that may help you follow along as we work through your custody matter:

Legal Custody

Legal Custody – The right to make major decisions on behalf of the child, including, but not limited to, medical, religious, and educational decisions. For example, whether a child practices Christianity or Judaism is a legal custody decision. Legal custody can be “sole” or “shared.”

• Sole Legal Custody – One parent has the exclusive right to make legal decisions for the child.
• Shared Legal Custody – Both parents have equal rights to make legal decisions for the child.

Physical Custody

Physical Custody – The right to have a child in your care. There are several types of physical custody:

• Sole Physical Custody – The child lives exclusively with one parent, though the other parent may have visitation rights.
• Shared Physical Custody – The parents have the right to equally care for the child and the child spends equal time living with both parents.
• Primary Physical Custody – One parent has the right to care for the child a majority of the time.
• Partial Physical Custody – One parent has the right to care for the child less than half of the time. For example, a parent who has physical custody every other weekend has partial custody.
• Supervised Physical Custody – Where a parent’s custodial time with their child needs to be monitored by a third party to ensure it goes smoothly. Supervision is required where this is a concern regarding the child’s safety such as in cases of domestic violence, substance abuse, or mental instability.

Custody Order/Agreement

Custody Order/Agreement – A court document outlining each parent’s legal and physical custody rights. This document is enforceable through the courts and ensures both parents understand their rights and responsibilities.

Best Interest of the Child

Best Interest of the Child – This standard is a guiding principal in Pennsylvania Custody Cases. This is evaluated on a case by case basis pursuant to the Custody Factors.

Custody Factors

Custody Factors – Under Pennsylvania law, there are 16 case specific factors that a court needs to consider when awarding custody of a minor child. These factors include elements such as safety, parental duties performed by either party, the well reasoned preference of the child, availability to care for the child, etc.

Custody Conference

Custody Conference – A preliminary step in the custody process, where the parents and their attorney’s meet with an officer of the court to attempt to resolve custody disputes without the need for a full hearing.

Custody Evaluation

Custody Evaluation – A detailed assessment conducted by a qualified mental health professional to assist the court in determining the best custody arrangement for a child. These evaluations provide an in-depth analysis of family dynamics and the child’s needs to help the judge make an informed decision. Custody evaluations are typically a paid service.

Custody Hearing

Custody Hearing – Where parties are unable to resolve custody disputes outside of court or at the conference level, the court will review evidence and testimony to determine the custody arrangement that is in the best interest of the child.

Parent Coordinator

Parent Coordinator – A neutral third party professional appointed by the court or agreed upon by the parents to assist in managing and resolving disputes related to custody. Their role is to reduce conflict, facilitate communication, and assist parents to implement custody orders.

Co-Parent Counseling

Co-Parent Counseling – A specialized form of therapy designed to help parents work together effectively after a separation, divorce, or custody dispute. The focus of co-parent counseling is to reduce conflict, improve communication, and establish a cooperative partnership for raising the child.

Guardian Ad Litem

Guardian Ad Litem – A Guardian Ad Litem or “GAL” is a court appointed advocate who represents this best interest of the child during a custody case. They may conduct interviews, gather information, and make recommendations to the court.

Relocation

Relocation – Where one party seeks to move to a location that significantly effects the other party’s right to exercise custody. In Pennsylvania, a parent seeking to relocate must notify the other parent of their intent to relocate and must obtain other the other parent’s consent or court approval before relocating.

Alienation

Alienation – Where one parent deliberately tries to damage the child’s relationship with the other parent.

Reunification Counseling

Reunification Counseling – A specialized form of therapy designed to rebuild and repair a strained relationship between a parent and a child as a result of estrangement, alienation, or prolonged separation.

Right of First Refusal

Right of First Refusal – A provision on Custody Orders/Agreements that grants one parent the right to care for the child before the custodial parent seeks third party care if they are unable to care for the child during their scheduled time as a result of work, travel, etc.

Mental Health Evaluation

Mental Health Evaluation – A formal assessment conducted by a licensed mental health professional to understand an individual’s psychological functioning and how their mental health may impact their ability to care for a child or participate in custody proceedings.

Drug and Alcohol Evaluation

Drug and Alcohol Evaluation – A professional assessment conducted to determine whether an individual has issues related to substance and/or alcohol abuse and if so, evaluate the potential impact on that parent’s ability to care for their child.

For further guidance or information on this topic, please set up a consultation with a member of our Family Law team.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.