Legal Definitions - custody

Custody refers to the legal right or physical act of holding, controlling, or supervising a person or piece of property. It often implies a responsibility to care for and protect what is in one's charge. This term is commonly used in both criminal law, concerning individuals detained by the state, and family law, regarding the care and decision-making for children.

In criminal law, a person is in custody when they are physically detained by law enforcement, such as after an arrest or during imprisonment. Their freedom is restricted, and the state assumes responsibility for their well-being. Property can also be taken into police custody, typically for safekeeping or as evidence in a case.

In family law, custody primarily addresses arrangements for minor children, usually following a parental separation or divorce. It distinguishes between two main types:

• Physical Custody: Determines where a child lives and who is responsible for their daily care. This can be "sole physical custody" (child lives primarily with one parent) or "joint physical custody" (child spends significant time living with both parents).
• Legal Custody: Refers to the right to make important decisions about a child's upbringing, such as their education, healthcare, or religious instruction. This can be "sole legal custody" (one parent makes decisions independently) or "joint legal custody" (both parents must consult and agree on major decisions).

Here are some examples illustrating the concept of custody:

• Criminal Law (Person): After a suspect is apprehended following a high-speed chase, they are placed under police custody and transported to the local precinct for questioning.

  This illustrates criminal custody because the individual's freedom of movement is legally restricted by law enforcement, who are now responsible for their physical presence and safety during the detention period.

• Criminal Law (Property): During a search of a suspected counterfeit goods operation, police seize several boxes of fake designer handbags. These items are taken into police custody as evidence.

  This demonstrates property in custody. The police have taken physical control of the handbags, holding them securely as part of an ongoing investigation, and are responsible for their safekeeping until the legal process concludes.

• Family Law (Child): Following a contentious divorce, a court grants the mother "sole legal custody" of her child, while the father receives "supervised physical custody" for specific visitation periods.

  This example shows family law custody in two forms. "Sole legal custody" means the mother alone has the right to make all significant decisions regarding the child's education, medical care, and general upbringing. "Supervised physical custody" means the father can spend time with the child, but only under the watchful eye of another adult, indicating a limited form of physical control and care.