Affidavit / Declaration
A written statement of facts signed under oath (often notarized).

Arrearage (Child Support Arrears)
Unpaid, past-due child support still owed.

Best Interests of the Child
The guiding standard judges use—what arrangement best supports the child’s safety, stability, and well-being.

Business Records Exception
A hearsay exception allowing regularly kept records (e.g., school/medical) into evidence if properly authenticated.

CASA (Court Appointed Special Advocate)
A trained volunteer who investigates and reports to the court about the child’s best interests.

Change in Circumstances (Material Change in Circumstances)
A significant, ongoing change (e.g., move, work schedule, safety issue) that may justify modifying orders.

Child Custody Evaluation
An investigation by a neutral professional (often a psychologist) who interviews/observes and makes recommendations.

Child Support
Payments one parent makes to help cover the child’s expenses.

Co-Parenting App
Court-friendly messaging/scheduling apps that create exportable records (messages, calendars).

Consent Order / Stipulated Order
A court order based on both parents’ written agreement, signed by the judge.

Contempt (Order to Show Cause)
Allegation that someone violated a court order; the judge can order remedies/penalties. An “inability to comply” can be a defense.

Continuance
A court-approved rescheduling or delay of a hearing.

Court’s Calendar (Docket)
The schedule of cases/hearings for a courtroom.

Custodial Parent
The parent the child primarily lives with.

Custody (Legal vs. Physical)

• Legal Custody: Decision-making power (education, health, religion, etc.).

• Physical Custody: Where the child primarily lives and daily care occurs.

De Novo Hearing / Review
A fresh look at the issues (new hearing) rather than a limited appeal review, where available.

De Facto Custodian (Some States)
A person who has functioned as a parent for a substantial time; may seek standing/custody/visitation.

Dirty Hands / Unclean Hands (Some States)
An equitable doctrine: a party seeking relief may be denied if they acted unfairly or in bad faith relating to the issue.

Discovery
Pre-hearing exchange of information/evidence (documents, answers to written questions).

Domestic Violence Protective Order (DVPO) / Restraining Order
Orders restricting contact to protect safety; violations have serious consequences.

Emergency (Ex Parte) Order
A temporary order requested without the other parent present, used only for urgent, immediate safety concerns.

Evidence (Exhibits)
Documents, photos, messages, logs, or testimony supporting your statements.

Exchange / Handoff
Where/how the child is transferred between parents.

Family Assessment / Home Study
A review of a parent’s home and routines by a social worker/evaluator.

Forensic Interview (Child)
A structured interview by trained professionals to gather the child’s account in a neutral, child-safe manner.

Foundation / Authentication
Basic facts needed to show what an exhibit is and that it’s reliable.

GAL (Guardian ad Litem)
A lawyer/advocate appointed to represent the child’s best interests to the court.

Grandparent Visitation
When grandparents ask the court for time with the child under specific state rules.

Hearsay
An out-of-court statement offered for its truth. Often excluded unless an exception applies.

Impeachment (Witness Credibility)
Showing a witness is unreliable (inconsistencies, bias, prior statements).

In Camera Interview
A private conversation between the judge and the child (usually without parents) to hear the child’s perspective.

Joint Custody
Parents share decision-making (legal), parenting time (physical), or both.

Jurisdiction (Subject-Matter / Personal)
The court’s legal power to hear your case and bind the parties.

Legal Custody
Decision-making authority for major aspects of the child’s life.

Material Change in Circumstances
See “Change in Circumstances.”

Mediation
A neutral professional helps parents reach agreement without a trial; often required before a hearing.

Motion
A formal request asking the judge to take a specific action (modify/enforce/compel, etc.).

Motion in Limine
A pre-hearing request to allow or exclude specific evidence or topics.

Nesting (Bird’s Nesting)
A temporary arrangement where the child stays in one home and parents rotate in/out.

Noncustodial Parent
The parent the child does not primarily live with; usually has parenting time.

Parental Alienation
A pattern where one parent’s behaviors undermine the child’s relationship with the other parent (definitions and acceptance vary by jurisdiction).

Parallel Parenting
Low-contact co-parenting: each parent follows the plan during their time; reduces direct conflict.

Parenting Coordinator
A neutral professional who helps implement the parenting plan and resolve day-to-day disputes (when ordered).

Parenting Plan
The written schedule and rules: exchanges, holidays, decision-making, communication.

Parenting Time (Visitation)
The scheduled time the child spends with each parent.

Pendente Lite (Temporary Orders)
Short-term orders in place until the final hearing or a new order.

Physical Custody
Where the child primarily lives.

Preponderance / Clear and Convincing
Common civil burdens of proof; “preponderance” = more likely than not; “clear and convincing” = higher standard used for some issues.

Privilege (Attorney–Client / Work Product)
Protected communications/strategy materials that typically can’t be forced into evidence.

Protective Order (Discovery)
Limits discovery to protect privacy, safety, or burdensome requests.

Relocation
Moving the child’s residence; often requires notice and/or approval if it affects the schedule.

Right of First Refusal (ROFR)
If a parent can’t watch the child during their time (beyond a set duration), they must offer the time to the other parent first.

Sanctions
Penalties for violating rules or orders (e.g., attorney fees, limits on claims, evidentiary exclusions).

Sole Custody
One parent has all or most decision-making and/or primary residence for the child.

Spoliation
Destruction or alteration of evidence; can lead to sanctions or inferences against the destroyer.

Status Conference / Case Management
Short hearing to check progress, deadlines, and needed steps.

Stipulation
A written agreement between the parties about certain facts or terms.

Subpoena / Subpoena Duces Tecum
A court order requiring a person to testify or bring documents.

Supervised Exchange
Child is exchanged at a neutral, safe place to reduce conflict.

Supervised Visitation
Parenting time that occurs with an approved supervisor for safety.

Therapeutic / Reunification Therapy
Counseling designed to rebuild a parent-child relationship that has been limited or disrupted.

Unif. Child Custody Jurisdiction & Enforcement Act (UCCJEA)
Sets rules for which state has authority (“home state”), preventing competing orders across states.

Venue
The specific county/court location where the case is heard.

Verified / Notarized
A document signed under oath and acknowledged by a notary.

Visitation Schedule
Court-approved calendar for regular time, holidays, and vacations.

Vexatious Litigant / Litigation Abuse
A pattern of bad-faith filings meant to harass or exhaust the other party; courts can restrict filings.

Extra Concepts Fathers Hear a Lot

Malicious Mother / Malicious Parent “Syndrome”
A non-medical, controversial label sometimes used to describe severe, vindictive behaviors that damage the child’s relationship with the other parent. Not an official diagnosis, but behaviors (interference, false reports) can influence best-interest findings.

Gatekeeping (Restrictive vs. Protective)
How one parent controls the other’s access; can be protective (safety-based) or restrictive (unfair interference).

Pattern of Conduct
Courts look at consistent behaviors over time (late pickups, missed exchanges, refusal to communicate).

Make-Up Time
Extra time awarded when court-ordered parenting time was wrongfully denied.

Roll-Over Time
When missed time can be carried forward by agreement or order.

Substance Testing (UA / Hair Follicle)
Court-ordered testing when substance abuse is alleged and relevant to the child’s safety.

Psychological Evaluation
Assessment of a parent’s mental health/capacity as it relates to parenting.

Evidence & Objections (Quick Hits)

• Relevance / Probative vs. Prejudicial – Is it useful to deciding the issue?

• Hearsay & Exceptions – Statements offered for truth, unless an exception applies (e.g., business records).

• Speculation – Guessing, not facts.

• Argumentative – The question argues, doesn’t seek facts.

• Asked and Answered / Cumulative – Repetitive.

• Lack of Foundation – Exhibit not authenticated yet.

• Authentication – Show what it is and how you know.