Child Custody Legal Terminology

• Access: Visitation time periods with a child; can be restricted, supervised, or unsupervised
• Affidavit: A sworn, voluntary statement
• Agreement: A mutual understanding between two or more parties regarding each person agreed action to be performed in the past or future
• Amicus attorney: An attorney appointed by the court to represent the child’s best interest and to assist the court as a non-adversary attorney to the case
• Answer: A respondent’s first pleading in response to petitioner’s allegations; if no answer is filed, the petitioner can obtain a default judgment
• Appeal: Proceeding to challenge a final decision made by a trial court; the case is delegated to a higher authority to determine if the trial court abused their legal discretion; a decision may be reversed on appeal
• Attorney ad litem: Can be appointed by the court in most SAPCR cases; represents the child’s actual objectives and determines if the child understands the nature of circumstances during a case
• Best interest of the child test: The best interest of the child is the controlling factor in almost every circumstance arising in family law; the best interest of the child takes into account what is best for the child’s physical and emotional development and welfare
• Clear and convincing evidence: Evidentiary standard that requires the thing to be proved is highly probable or reasonably certain; this evidentiary standard is a lower burden than “beyond a reasonable doubt” which is used in criminal cases
• Contempt: Enforcement method for custody, child support, and spousal maintenance; when a party is in violation of a court order they may be found in contempt which is punishable by fine, jail time, or both
• Continuing, exclusive jurisdiction: Once a court renders order over matters related to child custody and child support , the court retains continuing exclusive jurisdiction; only that particular court has jurisdiction over the matter until it is determined that continuing exclusive jurisdiction has been lost because the child no longer has a parent residing in the state or substantial contacts related to the care and control of the child
• Custody – Joint and Sole: In Texas, sole and joint custody are phrased as sole managing conservator and joint managing conservators
• Default: When served with court documents, you must legally file an answer; failure to do so can result in a default judgment, which will likely be unfavorable for your circumstances
• Discovery: The formal process of information gathering and sharing between the parties of a case
• Due process: Conduct implemented procedurally in order to protect your rights as an individual; due process includes right to notice and right to a fair hearing
• Exclusive right to designate primary residence of child: A right typically designated to one parent in a SAPCR who is considered the “primary parent” for purposes of determining where the child will live; the primary parent is restricted to a specific geographic region when making the child’s residency determination
• Filing: The act of providing the court with documents that are officially added to the case file
• Final orders: Final orders can be issued in the form of a Final Divorce Decree, Order in Suit Affecting the Parent-Child Relationship or other order that is intended by the parties and the court to be enforceable permanently
• Guardian ad litem: Can be appointed by the court in most SAPCR cases; represents the child’s best interest by interviewing the child and every person with knowledge about the child’s history and condition; must be appointed in a termination case
• Habeas corpus: A child custody enforcement mechanism when a possessory conservator has possession of a child in violation of a court order; writ of habeas corpus ask the court to demand the possessory conservator to surrender the child in compliance with the court order; possession of the child must be in violation of a court order to enforce custody by habeas corpus
• Home state jurisdiction: A state court will have jurisdiction to enter a order relating to a child if the state is the child’s home state or was the home state within the last six months; determined by what location the child reside with a parent
• Injunction: A court order prohibiting or ordering a specific action; injunctions provide relief from harm when there is no other adequate remedy at law; injunctions can be granted on a temporary or permanent basis
• Joint managing conservator: A conservator who shares rights, duties, and responsibilities with another conservator relating to a child; there is a legal presumption that appointing both parents as joint managing conservators is in the best interest of the child; appointing parents as joint managing conservators does not mean equal possession time
• Judgment: A court’s final decision regarding the rights and obligations of parties involved in a case; also called a ruling or order
• Writ of withholding: A writ of withholding is used to withhold income from a party in order to fulfill that party’s obligation to pay child support or spousal maintenance
• Jurisdiction: A court’s ability to hear a case; jurisdiction has two components – the person and the subject matter; a court must have proper jurisdiction over the parties involved and subject matter of a case
• Managing conservator: A type of conservator of a child that has specific rights and duties to manage the child’s physical and emotional development and well-being; conservator is custodial and has possession rights to the child; the other type of conservator is called a possessory conservator
• Mandamus: An order from a court commanding a lower court to act in a particular way to correct previous actions of inaction
• Mandatory withholding: The state of Texas requires mandatory withholding of income to pay child support obligations; can withhold money from the parent’s income, wages, and severance pay; withholding is not mandatory if good cause is shown
• Marriage license: A marriage license must be obtained in order to have a valid ceremonial wedding in the state of Texas; a marriage may also be valid with no marriage license – see common law marriage 
• Medical support: Every case involving children must establish medical support provisions for each child; medical support provisions cover issues relating to health care coverage expenses for the child and how the expenses will be covered after the pendency of the suit
• Motion: A request to the court – either written or oral, asking the court make a specific ruling or to act in a certain manner
• Obligee: A person to whom an obligation to act is owed- typically used to describe the person who has the right to receive child support payments from the obligor
• Obligor: A person who has undertaken an obligation to act – typically used to describe the person who has a obligation to pay child support
• Parent Education and Family Stabilization Course: A court may order parents to attend a parent education and family stabilization course; the course is typically conducted by a mental health professional; the court provides guidance to those who are struggling with the difficult issues relating to divorce, child custody, parenting, and other related aspects
• Parenting coordinator: A neutral third party appointed by the court in high conflict cases; uses confidential procedures to aid parents on issues relating to parenting and other family issues stemming from a SAPCR order
• Parenting facilatator: A neutral third party appointed by the court in high conflict cases; uses non-confidential procedures to aid parents on issues relating to parenting and other family issues stemming from a SAPCR order
• Parenting Plan: Every SAPCR must incorporate a parenting plan – whether agreed or ordered by the court; the parenting plan sets out the rights and duties of each conservator, possession schedule and child support; the plan must be found to be in the best interest of the child
• Petitioner: A party that initiates a proceeding by filing a petition with a court
• Possession: Possession refers the ability to have actual custody of a child – not just visitation; Possession can be court ordered and enforceable through a variety of methods, including contempt
• Possessory conservator: The other type of conservator that can be appointed by the court; a possessory conservator is a noncustodial parent with visitation privileges
• Pre-marital agreement: A contract between two parties who have the intent to get married; must be in writing; can agree to terms relating to the rights and obligations in any property, management and control of property, disposition of property, modification of spousal support, making a will or trust to carry out provisions of the agreement, benefits from life insurance policies, and other matters that are not criminal violations or against public policy
• Pro Se: A party to a suit who represents themselves in a law suit
• Respondent: The party who responds to a suit initiated by a Petitioner; sometimes referred to as defendant
• Service: The formal delivery of official legal documents; also known as service of process; a person is entitled to notice under their due process right
• Social study: A formal investigation into the home of a child; a social worker performs an assessment of the home environment; investigations are prepared where there has been abuse or neglect to a child or to prepare for adoption of a child
• Sole managing conservator: A parent who is appointed as a sole managing conservator of a child has the exclusive right to make decisions related to the physical and emotional development and welfare of a child; most parents are appointed as joint managing conservators
• Standard possession order: Must be included in all SAPCR’s; the standard possession order is a set possession calendar mandated by the state; it is the default possession order when parents cannot agree on a possession schedule for the child; parties may deviate and have variations of the standard possession schedule
• Standing: A person’s ability to bring a suit in front of a court to make a legal claim or seek enforcement from a court
• State disbursement unit: The place where child support payments are submitted to be accounted for and transmitted to the obligee
• Subpoena: The method used to compel a person to appear either in front of a court or other form of tribunal – including depositions; failing to appear may result in a penalty
• Suit Affecting the Parent-Child Relationship: Abbreviated as SAPCR; a suit brought to determine the care, custody, and control of a child; SAPCR involves all issues that affect the parent-child relationship including child custody, rights and duties of parents, child support, visitation, and other related aspects; must be filed by a person with standing; A divorce case involving children must also file a SAPCR simultaneously with the original petition for divorce
• Temporary orders: Temporary orders can be obtained to govern property and children issues during the pendency of the divorce suit; custody, support, and provisions governing the temporary use of community property, can all be ordered via Temporary Orders