Family Court Glossary

Best Interest of the Child

Also called: Best interest standard

The legal standard courts use to make custody decisions. Instead of focusing on what the parents want, the court asks: what arrangement is best for the child? Each state has specific factors judges must consider, such as the child's relationship with each parent, stability, safety, and the child's own wishes (depending on age).

Custody

Also called: Legal custody, physical custody

The legal right to make decisions about and/or physically care for a child. Legal custody means decision-making authority (medical, education, religion). Physical custody means where the child lives. A parent can have sole or joint custody of either type.

Custodial Parent

Also called: Primary custodial parent, residential parent

The parent the child lives with most of the time. In a 50/50 arrangement, some states designate one parent as the "custodial parent" for administrative purposes (school enrollment, taxes), even when parenting time is equal.

Discovery

The legal process where both sides exchange information and evidence before trial. This can include written questions (interrogatories), requests for documents, and depositions (sworn testimony). In family court, discovery often involves financial records, communication logs, and school or medical records.

Ex Parte

Also called: Ex parte motion, ex parte hearing

A legal proceeding where only one party is present, without the other party being notified in advance. Courts grant ex parte orders only in emergencies, for example when a child is in immediate danger. These orders are temporary and the other parent will get a chance to respond at a follow-up hearing.

Guardian ad Litem (GAL)

Also called: GAL, child's attorney

A person appointed by the court to represent the best interest of the child during a custody case. The GAL investigates both parents, talks to the child, and makes a recommendation to the judge. GALs are usually attorneys or trained volunteers. Their recommendation carries significant weight.

Managing Conservatorship

Also called: Joint managing conservatorship (Texas)

A term used primarily in Texas for what most states call custody. A "managing conservator" has the right to make decisions about the child. Texas law presumes that both parents should be "joint managing conservators" (similar to joint legal custody). A "sole managing conservator" has exclusive decision-making rights.

Material Change in Circumstances

Also called: Substantial change, changed circumstances

The legal standard you must meet to modify an existing custody order. You cannot change a custody order just because you want to. You must prove that something significant has changed since the last order was entered. Examples: a parent relocating, a child's needs changing, documented abuse or neglect, or a parent consistently violating the current order.

Mediation

Also called: Custody mediation, family mediation

A process where a neutral third party (the mediator) helps both parents try to reach an agreement about custody and parenting time. Many courts require mediation before allowing a case to go to trial. The mediator does not make decisions. They help the parents find common ground. If mediation fails, the case goes to the judge.

Modification

Also called: Custody modification, order modification

A legal request to change an existing court order. To modify a custody order, you typically must show a "material change in circumstances" and that the modification is in the best interest of the child. You file a motion with the court and go through the hearing process.

Motion

Also called: Legal motion, filing a motion

A formal written request asking the court to do something. For example, a "motion to modify custody" asks the court to change the custody order. A "motion to compel" asks the court to force the other party to do something (like provide documents). Motions are filed with the court clerk and served on the other party.

Parens Patriae

A Latin term meaning "parent of the nation." It refers to the government's authority to act as a protector of people who cannot protect themselves, including children. In family court, this doctrine gives judges the power to make custody decisions based on what is best for the child, even if neither parent agrees with the outcome.

Parenting Plan

Also called: Custody agreement, parenting agreement

A written document that outlines how parents will share time and responsibilities for their children. It covers the custody schedule, holidays, vacations, decision-making authority, communication rules, and how disputes will be resolved. Courts require a parenting plan in most custody cases.

Parenting Time

Also called: Visitation, custody time, access

The scheduled time each parent spends with the child. Many courts have moved away from the term "visitation" because both parents are parenting, not visiting. Your parenting time is defined in the court order and both parents are expected to follow it.

Petitioner

Also called: Plaintiff, moving party

The person who files the legal action. In a custody case, the petitioner is the parent who filed for custody, divorce, or modification. The other parent is the "respondent."

Pro Se

Also called: Self-represented, pro per, in propria persona

Representing yourself in court without an attorney. The term is Latin for "on one's own behalf." The court holds pro se litigants to the same rules as attorneys. See our full Pro Se Court Guide for detailed preparation advice.

Respondent

Also called: Defendant, responding party

The person who responds to a legal action filed by the other party. In a custody case, the respondent is the parent who was served with papers. Being the respondent does not mean you are at a disadvantage. It simply means the other parent filed first.

Status Quo

The current state of affairs. In custody law, courts often favor maintaining the status quo, the existing arrangement, unless there is a strong reason to change it. This is why documenting problems over time matters: a single incident rarely moves a court, but a documented pattern that shows the status quo is harmful to the child can.

Stipulation

Also called: Stipulated agreement, consent order

An agreement between both parties that is approved by the court and becomes a court order. If you and the other parent agree on custody terms (either on your own or through mediation), you can submit a stipulation to the judge. Once signed by the judge, it has the same legal force as an order issued after a trial.

Subpoena

A court order requiring a person to appear in court or produce documents. In a custody case, you might subpoena a school counselor, therapist, or doctor to testify, or subpoena phone records, medical records, or other documents. There are specific rules about how and when subpoenas must be served.

Supervised Visitation

Also called: Supervised parenting time

Parenting time that must take place in the presence of an approved third party. Courts order supervised visitation when there are safety concerns, such as allegations of abuse, substance use, or a parent who has been absent for a long period. The supervisor may be a family member, a professional supervisor, or a visitation center.

Temporary Order

Also called: Interim order, pendente lite order

A court order that is in effect while the case is still pending. Temporary orders set the rules for custody, parenting time, and support until the final order is issued. They can be modified at the final hearing. "Pendente lite" is Latin for "while the litigation is pending."