ALIENATION: Conscious or unconscious pressure by one parent for the child to view the other parent negatively, such as uncaring or abusive. The child may resist parenting time as a result of the alienating parent’s sincere, but irrational, belief that the child may be harmed.
ARBITRATION: Submission of a dispute to a neutral third party for a final and binding determination.
BEST INTERESTS OF THE CHILD: Legal standard applied to determine custody and time sharing in all states. Some differences occur, but the relevant factors taken into consideration include the wishes of the child and his parents as to custody, family relationships, the child’s current adjustment, the mental and physical health of all family members, and the ability of each parent to encourage sharing the love and affection of the other. The past pattern of involvement including violence or abuse is considered.
CHILD SUPPORT: Monthly payment made by one spouse to another for support of a child’s lifestyle, usually determined on a permanent basis, according to proportionate incomes.
COPARENTING: Arrangements whereby both divorced or separated parents have time with, or make decisions for, their child.
DISSOLUTION AGREEMENT: Legal term defining end of a marriage. Term synonymous with separation agreement, which outlines legal issues of the divorce, including property division, parental responsibility, time-sharing schedules and financial responsibilities.
GUARDIAN AD LITEM (GAL): Attorney appointed by the court to represent the best interests of the child in a legal custody disagreement. The GAL does not represent either parent.
JOINT PARENTAL RESPONSIBILITY: Legal term designating that both parents share decision-making responsibilities about health, education, religion, and welfare of the child, as well as parenting time with the child.
JUDGE: Legal official with ultimate power to order decision-making and parenting time arrangements according to the best interests of the child.
MAINTENANCE: Monthly support payment from one spouse to another for maintaining current and usual lifestyle, usually determined for a period of 5 years after the divorce is final, according to proportionate incomes.
MEDIATION: Parties attempt to resolve their dispute with aid of a neutral third party – may be entirely confidential or may lead to custody evaluation if unsuccessful. May also continue into arbitration if the parties so desire.
PARENTING COORDINATOR: A mental health professional assigned to counsel divorced parents about the best interests of their child and make suggestions to each, regarding parenting issues, including time-sharing. The coordinator may be assigned the task of mediation as well as arbitration.
PARENTING PLAN: A list of decisions about parenting which separating spouses agree to for the benefit of the children. These decisions may be made orders at time of divorce through incorporation into the separation agreement.
PARENTAL RESPONSIBILITY EVALUATION: Assessment procedure and report based upon a series of interviews and testing with members of the family for the purpose of determining the child’s best interests. Parental RESPONSIBILITY and parenting time recommendations are made to the court.
PARENTING TIME: In relationship to divorce, indicates the time or schedule when a child is with each parent. Day-to-day caretaking decisions are made by parents exercising parenting time. Previously referred to as visitation, now the concept is broader.
PERMANENT ORDERS: The court’s final mandate regarding parental responsibilities and parenting time, residence, and child support. May be referred to as Final Orders.
PRIMARY PARENT: Parent who provides the majority of daily child care. For an infant this includes feedings, bathing, and in general, spending the most time attending to the child. For an older child, it may refer to the parent who attends school conferences, takes child to dentist, doctor, or counselor.
SEPARATION AGREEMENT: Term synonymous with dissolution agreement which sets forth the full agreement of the parties concerning all aspects of the divorce such as parenting time, child support, property division, and maintenance (alimony).
SOLE DECISION MAKING: Legally assigning one parent decision-making responsibilities for the child.
SPLIT DECISION MAKING: Legally assigning one parent decision-making responsibilities for the child.
STATUTE: Law enacted by legislature pertaining to a topic, such as parental responsibility, parenting time, child support, or marital dissolution.
TEMPORARY ORDERS: The court’s mandate regarding decision-making, parenting-time, residence or child support. Can be on a temporary basis, to be reviewed and changed or made permanent when final orders of the court are entered.
VISITATION: Old term for parenting time, indicating the schedule of time child spends with nonresidential parent. Still applies in cases where parenting time is extremely limited or supervised by court order.
