As a lawyer, I often look at a particular state’s laws and read the definitions of the words I am researching. I have to know the word-by-word definitions of many legal terms and, at times, it can be very confusing. Imagine what non-lawyers feel like when they are trying to understand the law.
I would be willing to bet that many people probably don’t realize that divorce lawyers have to read the law nearly every day. There is just too much information to process and remember. The law is a complicated beast.
In terms of family law or divorce law, there are certain definitions that every lawyer must know. The definitions of those terms can have a far-reaching impact on a client’s case. If the lawyer doesn’t understand the term, things might go badly for a client. I, for one, don’t ever want that to happen to my clients.
To try to help people (and myself) I wanted to write a post on some common definitions that many people should understand if they are in the middle of a family law case or a divorce.
Below are some common family law definitions:”Legal custody” means the right to determine the child’s upbringing, including education, health care, and religious training.
“Joint legal custody” means that 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.
“Physical custody and residence” means the routine daily care and control and the residence of the child.
“Joint physical custody” means that the routine daily care and control and the residence of the child is structured between the parties.
Wherever used in this chapter, the term “custodial parent” or “custodian” means the person who has the physical custody of the child at any particular time.
“Custody determination” means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person.
“Custody proceeding” 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.
These definitions are taken directly from a particular state’s laws. Be warned: the definitions vary from state-to-state and the definitions only serve as examples. You should speak with a Dakota County divorce lawyer in your area if you have questions about particular legal definitions in your state and what they mean.
Knowing the definitions of key family law terms is important. Utilizing them in the optimal fashion is equally important. If you don’t understand the terms or how to implement, do yourself a favor and talk to a family law lawyer.
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