Simple English definitions for legal terms
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Definition: Custody means having control over a person or property. When someone is in custody, they are being held by the government because they did something wrong or are waiting for a trial. The government has a responsibility to take care of them while they are in custody. Custody can also refer to who takes care of a child after their parents separate or divorce. This includes where the child lives and who makes important decisions for them.
Custody refers to the physical holding or control of a person or property, or the legal right to do so. When someone has custody over another person or property, they have a responsibility to protect and care for them.
In criminal law, a person is considered to be in custody when they are arrested or convicted of a crime and held in jail or prison. While in custody, they are under the control of the state and have limited freedoms. Officers who are responsible for those in custody have a duty to ensure their safety and well-being.
For example, if someone is arrested and taken into custody, their personal belongings such as clothing, jewelry, and money are held by the police until they are released. However, items that are considered evidence or contraband will not be returned.
In family law, custody refers to the arrangements made for the care and upbringing of a child after the separation or divorce of their parents. Custody arrangements determine both physical and legal custody of the child.
For example, in joint physical custody arrangements, the child spends equal time living with both parents. In primary or sole physical custody arrangements, the child lives with one parent for the majority of the time, while the other parent has visitation rights. Legal custody refers to the right to make important decisions regarding the child's health, welfare, and upbringing. Parents with joint legal custody must consult each other before making decisions, while a parent with sole legal custody can make decisions without consulting the other parent.
Overall, custody involves the responsibility of caring for and protecting someone or something, whether it be a person in criminal custody or a child in a custody arrangement.