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Frequently Asked
Questions
Plaintiff: The person or party initiating a case against another
person or party.
Defendant: The person or party who is being taken to court.
Pro se: A party who chooses to represent themselves in
court.
Physical custody: The arrangement determining where the
child lives and who is responsible for their daily care.
Legal custody: The authority to make decisions about a
child’s life, including medical care and educational plans.
Guardian ad Litem (GAL): A neutral third party who is
appointed by a judge to represent the best interests of a
child. If the child is the plaintiff in a case, the adult helping the
child to file the case may also be called a GAL.
Joint custody: A custody arrangement where custody and
decision making is shared with another party, such as the
child’s other parent.
Sole custody: A custody arrangement where only one party
has custody of a child.
Primary custody: A custody arrangement where one party
has custody of the child most of the time.
Motion to Modify Custody: A motion to request changes to
an existing custody order. This motion clearly outlines the
significant changes in circumstances and explains how those
changes affect the child's best interests and overall well-
being.
Emergency custody motion: A motion that is filed to obtain
short-term, immediate custody in limited, severe emergency
circumstances.
Emergency Custody Order: An order by a judge that grants
temporary custody in severe emergency circumstances.
Temporary custody: An interim custody arrangement that
applies until the court determines a permanent custody
arrangement.
Permanent custody: The final determination of the court for
the custody arrangement.
Custodial parent: The parent who has primary or sole
custody of a child.
Non-custodial parent: The parent who does not have
primary or sole custody of a child. The non-custodial parent
may have visitation privileges and limited decision-making
privileges.
Custody schedule: The specific arrangement of physical
custody or visitation.
Visitation: A court-ordered right designating a period of time
for the non-custodial parent to spend time with a child.
Supervised visitation: A visitation type that requires another
person to be present during the non-custodial parent’s
visitation. The person or facility that supervises the visitation
may be determined by the court.
Custody exchange: When a child goes from one
parental/caregiver home to the other parental/caregiver
home, often due to a custody schedule.
Child custody mediation: A process where both parents
meet and attempt to agree on custody arrangements.
Ex parte: A motion or order that is entered based only on one
party’s testimony, without the other party’s notice, testimony,
or appearance in court.
Domestic Violence Protective Order: An order that
prevents one person from contacting, being near, or
harassing another party. The specific terms of a Domestic
Violence Protective Order are set by a judge. Often referred
to as DVPO or 50B.
Service: A type of notice that must be provided to the other
party in a manner that is recognized by the court to make
your case binding.
Contempt: A punishment imposed by the court due to failure
to comply with a court order,
which may include, but is not limited to, fines or incarceration.
Calendar call: A scheduled court session where a judge
reviews the status of a case and sets hearing dates for
motions and other matters in that case.
Indigent: A party who cannot afford legal representation.
Writ of Possession: A document giving a landlord the legal
right to take back possession of a property from a tenant
Eviction: the process by which a landlord can legally remove a
tenant from a rental property.
Common Legal Terms Related
to Custody, Domestic Violence,
and Housing