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LEGAL TERMS
SHARED CUSTODY
See joint custody.
HOME STUDY
An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial s... (more...)
An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial stability, marital stability, lifestyles and other social factors, physical and mental health and criminal history.
BRIEF
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'
CUSTODIAL INTERFERENCE
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even... (more...)
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the taker also has custody rights.
AMICUS CURIAE
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong i... (more...)
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong interest in the case and wants to get its two cents in. For example, the ACLU often submits materials to support a person who claims a violation of civil rights even though that person is represented by a lawyer.
RESPONDENT
A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must r... (more...)
A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must respond to the petitioner's complaint.
ACCOMPANYING RELATIVE
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card ca... (more...)
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card can also obtain green cards or similar visas for accompanying relatives. Accompanying relatives include spouses and unmarried children under the age of 21.
SPOUSAL SUPPORT
See alimony.
SOLE CUSTODY
An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.