Definitions

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Abandonment     Desertion or willful forsaking; foregoing parental duties.  (states have different statutes for dealing with child abandonment).

Adoption     Legal process pursuant to state statute in which a child's legal rights and duties toward his natural parents are terminated and similar rights and duties toward his adoptve parents are substituted.

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Bench Trial    Trial held before judge sitting without a jury; jury waived trial.

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Child     Progeny, offspring of parentage.  May include or apply to: adopted, after-born, or illegitimate child; step-child; child by second or former marriage, issue.

Custody of Children     The care, control and maintenance of a child which may be awarded by a court to one of the parents as in a divorce or separation proceeding.

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Discovery     Pre-trial devices which can be used by one party to obtain facts and information about the case from the other party in order to assist in preparation for trial.  Discovery may include depositions upon oral and written questions, written interrogatories, production of documents or things, mental examinations, physical examinations and requests for admissions.

Divorce.     The legal separation of man and wife, effected by the judgment or decree of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties.

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Guardian ad litem     Guardian appointed to prosecute or defend a suit on behalf of a party incapacitated by infancy or otherwise. This individual represents the child when requested during a divorce/custody case.

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In the best interest of the child     Phrase used in determining visitation, custody during a divorce action or after such action if modifications are necessary to the custody and visitation.

Intervenors     An intervenor is a party who does not have a substantial and direct interest but has a clearly ascertainable interest and perspective essential to a judicial determination and whose standing has been granted by the court for all or a portion of the proceedings,     

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Petitioner     Party who initiates a divorce action and sends notice to the other party known as the respondent.

Possessory Conservator     Individual(s) who have a right to possession of the child during specified periods.  The person(s) may or may not have extended rights.

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Respondent     Party to a divorce action who receives notice of the divorce action and must 'respond' with a written answer within a specific time period.

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Soldiers' and Sailors' Civil Relief Act     A Federal law that suspends or modifies a military person's civil liabilities and requires persons who want to enforce their claims against persons in the service to follow certain procedures.  50 U.S.C.A. App. Section 501 et eq.

Sole Managing Conservator     Individual(s) who have primary custody of a child with all rights allowed by law.  The person(s) the child resides with and who will make decisions for that child until the age of majority.

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