Custody
The care of and responsibility for a child.
Visitation
The time that a noncustodial parents spens with his or her child.
Paternal Preference
The common law doctrine that vested fathers with the absolute right to care and custody of their children.
Tender Years Presumption
The traditional custodial assumption that children of a young age should be raised by their mothers.
Best Interest
The predominant legal standard for resolving custody disputes between parents; the standard is child-centered, focusing on the needs of the child rather than on the right of the parent.
Primary Caretaker
The parent who has been primarily responsible for the day to day care and nurture of a child.
Nexus
As distinct from the per se approach, this approach requires that parental conduct have a demonstrated determinal impact on a child before it will be taken into account in a custody determination.
Per se Approach
As distinct from the nexus approach, the idea that some behaviors are so inherently harmful that they should the basis for denying custody to a parent without proof of harm.
Primary Caretaker Presumption
A legal rule that gives preference to the primary caretaker parent in the event of a custody dispute.
Physical Custody
As distinct from legal custody, physical custody refers to where a child lives: a parent with physical custody usually maintains a home for the child and is responsible for the child's day to day care. Physical custody can be either sole or joint.
Legal Custody
As distinct from legal custody, legal custody confers on a parent the authority to make major decisions related to his or her child's life; legal custody can be sole or joint.
Sole Custody
The vesting of custodial rights in one parent- can apply to legal or physical custody, or both.
Joint Custody
As distinct from sole custody, the sharing of parental rights and responsibilities- can apply to legal or physical custody, or both.
Noncustodial Parent
A parent who has be divested of both legal and physical custody, but is still a legal parent with enforceable rights, such as visitation.
Parenting Plan
A written agreement in which the parents detail hoe they intend to care for the children following a divorce.
Complaint for Contempt
A parent's return to court following a divorce, to enforce existing arrangements about custody or visitation arrangements after a dispute.
Complaint for Modification
A parent's return to court following a divorce, to change existing arrangements about custody or visitation arrangements after a dispute.
Relocation Disputes
A disagreement arising during or after a divorce in which the custodial parent seeks to move to another state with the children, and the noncustodial parent seeks to prevent the move.
Virtual Visitation
The use of e-mail and the internet as a way to supplement communication between a child and the noncustodial parent.
Standing
A jurisdictional concept requiring a person to have sufficient stake in the outcome of a controversy on order to maintain a legal action.
Stepparent
The legal relationship of a new spouse to the children of a prior marriage.
Equitable Parenthood
A doctrine used to extend parenting rights to a stepparent when there is a developed, consensual relationship between the child and the stepparent, and he or she wishes to assume the rights and responsibilities of parenthood; may also be applicable when a
In Loco Parentis
Common law doctrine conferring parental rights and responsibilities on someone who voluntarily assume a parenting role.
Co-Parent
A parent who shares the raising of a child with his or her partner in the absence of a formally recognized parent-child relationship.
De Facto Parent
An individual who has no biological relation to a child, but who has functioned as a family member, must show that he or she resided with the child and shared caretaking responsibilities with the consent and cooperation of the legal parent.