Custody Definitions

"Joint Custody":     Legal Definition:  "The right to determine the child's upbringing including education, health care and religious training."

                                    Layman's Terms:      Both parties have a say when it comes to issues involving the education, health care and religious training for the child.  This does not mean that the parties share physical custody of the child.  The parties need to discuss any changes that would effect the child's education, health or religious training or any other aspects of the child's life. 

"Joint Legal Custody":      Legal Definition: "Both parents have equal rights and responsibilities including the right to participate in major decisions determining the child's upbringing, including education, health care and religious training."

                                                Layman's Terms:  Both parents have a say when it comes to issues including education, health care and religious training of the child.  This does not include physical custody of the child.

"Physical Custody and Residence":     Legal Definition:  "The routine daily care and control and the residence of the child."

                                                                        Layman's Terms:  This is the parent who the child lives with the majority of the time. 

"Joint Physical Custody":            Legal Definition: "The routine daily care and control and the residence of the child is structured between the parties."

Layman's Terms:  This means that the child lives with both parents on an alternating basis.  (Example:  child lives with father one week, mother for next.)

"Custodian/Custodial Parent":    Legal Definition:  "Person who has the physical custody of the child at any particular time."

                                                            Layman's Terms:  The parent that the child is staying with.

"Custody Determination":            Legal Definition:  "A court decision and court orders and instructions providing for the custody of a child, including visitation rights, but does not include a decision relating to child support or any other monetary obligation of any person."

                                                            Layman's Terms:  Court order indicating what type of custody the parents are awarded and who has which custody.

"Custody Proceeding":     Legal Definition:  "…includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity."

                                                Layman's Terms:   Court action determining custody.