Blog

California Family Law Glossary – Expanded (60 Terms)

Comprehensive Definitions for Divorce and Custody Matters in Los Angeles County and Ventura County

Best Interest of the Child

The legal standard under Family Code § 3011 prioritizing a child’s health, safety, welfare, and stability in custody decisions.

Legal Custody

Authority to make major decisions regarding education, healthcare, and welfare of a child.

Physical Custody

The parenting schedule determining where a child resides and how time is shared.

Joint Custody

Custody shared by both parents, either legally, physically, or both.

Sole Custody

Custody awarded to one parent with primary decision-making or residential authority.

50/50 Custody

A parenting arrangement in which each parent has approximately equal parenting time.

Parenting Plan

A written schedule outlining custody, visitation, and decision-making arrangements.

Visitation

Parenting time awarded to a noncustodial parent.

Domestic Violence Presumption

Family Code § 3044 presumption against awarding custody to a parent who committed domestic violence within five years.

Ex Parte Application

An emergency court request made on shortened notice due to immediate risk.

Temporary Orders

Short-term court orders in effect while a case is pending.

Permanent Orders

Final custody, support, or property orders issued after hearing or trial.

Move-Away Case

A custody dispute arising when a parent seeks to relocate with a child.

Custody Evaluation

A court-ordered assessment under Evidence Code § 730 to evaluate parenting capacity.

Minor’s Counsel

An attorney appointed to represent the child’s interests in custody proceedings.

Contested Divorce

A divorce involving disputes requiring judicial determination.

Uncontested Divorce

A divorce where parties agree on all material terms.

Community Property

Property acquired during marriage subject to equal division under California law.

Separate Property

Property acquired before marriage, after separation, or by gift or inheritance.

Moore/Marsden Calculation

Formula used to determine community interest in separate property with mortgage payments during marriage.

Spousal Support

Financial payments from one spouse to the other following separation or divorce.

Temporary Spousal Support

Short-term support calculated using guideline formulas.

Permanent Spousal Support

Long-term support determined under Family Code § 4320 factors.

Child Support

Financial support calculated under statewide guideline formulas.

Guideline Support

Statutory formula used to calculate child support.

Imputed Income

Income assigned to a party based on earning capacity rather than actual earnings.

Family Code § 4320

Statutory factors governing long-term spousal support determinations.

Family Code § 3011

Statute outlining best interest factors in custody cases.

Family Code § 3020

Public policy promoting frequent and continuing contact with both parents.

Family Code § 3044

Statute creating presumption against custody for domestic violence perpetrators.

Restraining Order (DVRO)

Court order prohibiting contact and addressing safety concerns under the Domestic Violence Prevention Act.

Permanent Restraining Order

A restraining order issued after hearing, lasting up to five years.

Discovery

Formal exchange of information between parties in litigation.

Request for Order (RFO)

Formal motion requesting court intervention in a family law case.

Trial

Formal evidentiary hearing where a judge decides disputed issues.

Settlement Conference

Meeting aimed at resolving disputes before trial.

Mediation

Neutral-facilitated negotiation process in custody disputes.

QDRO

Qualified Domestic Relations Order dividing retirement benefits.

CalPERS

California Public Employees’ Retirement System.

CalSTRS

California State Teachers’ Retirement System.

Defined Benefit Plan

Retirement plan promising fixed payments at retirement.

Defined Contribution Plan

Retirement account based on contributions and investment performance.

Deferred Compensation

Income earned now but paid later, often subject to division.

Goodwill

Intangible value of a business beyond tangible assets.

Forensic Accountant

Financial expert analyzing complex asset or income issues.

Fiduciary Duty

Legal obligation spouses owe each other to disclose assets and debts.

Preliminary Declaration of Disclosure

Mandatory financial disclosure exchanged early in divorce.

Final Declaration of Disclosure

Updated financial disclosure before resolution or trial.

Status Conference

Court hearing to monitor case progress.

Custody Modification

Request to change existing custody orders based on changed circumstances.

Support Modification

Request to change existing support orders.

Contempt

Proceeding alleging violation of a court order.

Attorney’s Fees

Court-ordered payment of legal fees under certain statutes.

Income and Expense Declaration

Judicial Council form detailing income and monthly expenses.

Judgment

Final court order resolving divorce or parentage action.

Stipulation

Agreement between parties submitted for court approval.

Venue

The court location where a case is filed and heard.

Service of Process

Formal delivery of legal documents to initiate a case.

About Cathleen Elisabeth Norton

Cathleen Elisabeth Norton is a Certified Family Law Specialist designated by the State Bar of California Board of Legal Specialization. She represents clients in divorce, custody, domestic violence, and complex financial matters throughout Los Angeles County and Ventura County.

Leave a Reply

Your email address will not be published. Required fields are marked *