This is the second installment of the Legal Definitions Refresher – Divorce Edition. We are hoping to make some of the legal terms common during the divorce process a little clearer for those of you that are unfamiliar with them.

Temporary Order – This is an order of the court (usually by the circuit court commissioner) setting forth the rules that are effective prior to the final hearing on the divorce. The temporary order usually covers such items as custody, placement, support, temporary attorney fees, temporary use of the home and other property of the parties, and payment of bills and mortgages.

Circuit Court Commissioner – This is a reputable attorney of recognized ability and standing, appointed by a judge, who will preside at all temporary hearings and may enter judgments in actions concerning child support or maintenance. Some matters are referred to the circuit court commissioner for recommendations. All decisions of the commissioner are reviewable by a judge upon request of a party.

Legal Custody – Legal custody means the custodial parent’s right and responsibility to make major decisions concerning the child, except with respect to specified decisions set forth in any agreement reached by the parties or in any court order or judgment. Major decisions include, but are not limited to: decisions regarding consent to marry, enter military service, and obtain a motor vehicle operator’s license; authorization for non-emergency health care; and choice of school and religion.

Sole Legal Custody – Sole legal custody is the condition under which one party has legal custody.

Joint Legal Custody – Joint legal custody is the condition under which both parties share legal custody and neither party’s rights are superior except if specified decisions are made by one parent pursuant to the parties’ agreement or the court’s order or judgment.

Physical Placement – Physical placement means the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.

Mediator – This is a person with special skills and training in dispute resolution.

As always, for individual advice regarding your specific legal situation, please contact us directly at LaRowe Gerlach Taggart LLP, Reedsburg, at 608-524-8231 or see our website for more information.