1. Custody

• Physical Custody: Refers to where a child will live and who will be responsible for their daily care. When parents share joint physical custody, the child splits time between both parents. In cases where one parent is granted sole physical custody,  the child lives with that parent full-time, and the other parent might have visitation rights. Overall, the well-being of the child is the most important consideration, and custody agreements aim to provide stability in their living environment.
• Legal Custody: Outlines who has the authority to make major decisions on a child’s behalf, especially when it comes to education, medical care, and religious upbringing. Joint legal custody requires both parents to agree on these issues. If one parent is granted sole legal custody, however, they can make those decisions independently. It’s important to remember that physical and legal custody agreements are separate issues. Sole physical custody (see above) does not also guarantee sole legal custody. Both parents might have shared decision-making responsibilities even if the child primarily resides with one parent.

2. Visitation

Visitation is the time a non-custodial parent spends with their child. Many parents establish visitation schedules in a parenting plan, or a family court might help determine the schedule, especially if the visits need to be supervised due to safety concerns. The goal of visitation arrangements is to maintain and strengthen the child’s relationship with both parents and provide a stable and positive environment for their development. Some visitation schedules are very specific, outlining specific days, weeks, and holidays for each parent. Other visitation schedules can be more flexible, as long as both parents agree.

3. Child Support

Child support is money paid by a parent to cover the child’s basic needs and other expenses like education, clothing, health care, etc. The court considers several factors when calculating the amount of child support, including both parents’ incomes, the child’s needs, and the amount of time the child spends with each parent. State guidelines vary, but courts generally aim to ensure that the child’s financial needs are met consistently, regardless of the parents’ living arrangements. Significant changes in circumstances (e.g., losing a job, new medical needs, etc.) can result in adjustments to the child support agreement. Enforcement mechanisms, including wage garnishment and legal penalties, help ensure payments are made.

4. Alimony (or Spousal Support)

Alimony is the financial support that one spouse gives to another in divorce cases and falls into one of three categories: temporary (paid during the divorce process); rehabilitative (to support a spouse while they gain skills or education to become self-sufficient); or permanent (ongoing support after divorce). Courts usually consider the length of the marriage, the recipient’s needs, the payer’s ability to provide support, and the recipient’s standard of living during the marriage when deciding on alimony. In general, alimony aims to reduce the economic impact of divorce on the lower-earning spouse, so the court might modify or terminate the alimony agreement if that spouse remarries or experiences a significant improvement in financial circumstances.

5. Divorce

Divorce legally dissolves a marriage. It can be granted based on fault (such as adultery or cruelty) or no-fault grounds (such as irreconcilable differences). When a couple divorces, they must agree on issues such as dividing marital assets and debts, alimony, and child custody, support, and visitation. The specifics of the divorce process can vary by jurisdiction but generally involve filing a petition, negotiating settlements, and possibly a court trial if the parties cannot reach an agreement.

6. Separation

Separation can be informal or formal. Informal separation is simply living apart without a formal legal agreement. Formal separation, also known as legal separation (see below), involves legal documentation, outlining the rights and responsibilities of each party, including property division and child custody arrangements.

7. Legal Separation

A legal separation is a court-approved arrangement that allows married couples to live apart while legally formalizing the terms of their separation, including deciding on issues of division of property, spousal support, child custody, and visitation. In many cases, legal  separation serves as a precursor to divorce. For some couples, though, it provides a way for them to live separately while remaining legally married for personal reasons, such as tax benefits, religious beliefs, or insurance coverage. The process is similar to divorce but does not end the marriage legally.

8. Prenuptial Agreement

A prenuptial agreement (informally known as a prenup) is a legal contract a couple enters into before marriage that defines how assets and debts will be divided in the event of divorce or separation. It can address issues like spousal support and protect individual property, ensuring that each party’s financial interests are safeguarded. Prenups can be particularly useful for individuals with significant assets, children from previous marriages, or business interests. Both parties must enter into the agreement voluntarily and with full disclosure for the prenup to be enforceable.

9. Postnuptial Agreement

A postnuptial agreement is similar to a prenuptial agreement but is executed after the couple is legally married. It can be used to address changes in the couple’s financial situation, resolve disputes, or clarify financial arrangements. Postnuptial agreements may be modified or updated as circumstances change, such as after having children or experiencing significant financial changes (e.g., receiving an inheritance or opening a business). Like prenuptial agreements, they require full disclosure and must be fair to both parties to be enforceable.

10. Adoption

Adoption is a legal process where a person or couple becomes the legal parent(s) of a child who is not biologically their own. The process typically involves a home study, background checks, and legal proceedings to terminate the biological parents’ rights and establish the adoptive parents’ rights. Adoption can be domestic or international and can involve infants, older children, or siblings. The goal is to provide a permanent and loving home for children in need.

11. Guardianship

Guardianship is a legal relationship where a person (the guardian) is given authority and responsibility to care for another person (the ward), such as a minor or an incapacitated adult. The guardian makes decisions about the ward’s living arrangements, education, and healthcare. Guardianship can be temporary or permanent and can be established through a court order. It is often used when parents are unable to care for their children due to death or incapacity or are otherwise unfit as a parent.

12. Paternity

In family law, paternity relates to determining who the biological father of a child is in order to establish their legal parental rights and responsibilities. Determining paternity can impact custody, child support, and inheritance rights. Paternity can be established voluntarily through signing an acknowledgment of paternity form or by taking a paternity test. If there is a dispute, a court may order a paternity test. Establishing paternity provides a child with legal rights to benefits such as inheritance and access to medical history as well as helping ensure that both parents share responsibilities and rights concerning the child.

13. Marital Property

Marital property includes all assets (e.g., real estate, vehicles, bank accounts, retirement funds, etc.) and debts (e.g., mortgage, etc.) acquired during the marriage, and it is typically divided between the spouses upon divorce. Depending on the state, the division can follow community property laws (where all marital property is divided equally) or equitable distribution principles (where property is divided fairly but not always equally). Factors influencing division include the length of the marriage, contributions to the marriage, and each spouse’s financial situation.

14. Separate Property

Separate property refers to assets owned by one spouse before marriage or acquired individually during marriage by gift or inheritance. In a divorce, separate property typically remains with the original owner. However, if separate property is commingled with marital property or used for marital purposes, it may be subject to division. To protect separate property, spouses should make sure they have proper documentation and maintain clear separation of assets.

15. Domestic Violence

Domestic violence is physical violence, emotional abuse, psychological manipulation, and controlling behaviors that occur in a domestic setting. It can affect partners, spouses, and family members. Legal responses to domestic violence include restraining orders or protective orders (see below), which mandate that the abuser stays away from the victim. Victims may also seek shelter and support services through local organizations and government agencies.

16. Restraining Order (or Protective Order)

A restraining order is a legal order issued by a court to protect an individual from harassment, stalking, or abuse. It can include directives to stay away from the victim’s home, work, or other specified locations as well as to cease contact. Protective orders can also include provisions for temporary custody of children or possession of shared property. Violating a restraining order can result in legal penalties, including arrest and criminal charges.

17. Mediation

Mediation involves a neutral third party (the mediator) helping disputing parties (such as divorcing spouses) negotiate and resolve their issues without going to court. The mediator facilitates communication, helps identify common ground, and assists in developing mutually acceptable agreements. Mediation is often less adversarial and more flexible than litigation, and it can be particularly effective in resolving issues related to child custody and property division.

18. Family Law Attorney

A family law attorney specializes in legal issues pertaining to family relationships, including divorce, custody, support, and adoption. They provide legal advice, represent clients in court, and assist with drafting legal documents and negotiating settlements. A family law attorney’s role is to advocate for their client’s interests while ensuring that legal procedures are followed and rights are protected.

19. Child Welfare Services

Child welfare services are government or non-profit organizations that work to protect children from abuse and neglect. They may provide intervention services, including removing children from unsafe environments, offering counseling and support to families, and working to find safe, permanent homes for children. These services also involve conducting investigations and providing resources to ensure children’s safety and well-being.

20. Emancipation

Emancipation is a legal process that allows a minor to gain adult status and independence from their parents or guardians. It grants the minor the right to make decisions about their own life, such as entering into contracts, making medical decisions, and living independently.