Legal Definitions - photofit

Physical Custody refers to the direct care, control, and supervision of a person.

This term is commonly used in two main contexts:

• In the context of adults, it refers to the direct control and limitation of a person's freedom, often by law enforcement or correctional authorities.
• In family law, it refers to the arrangement where a child lives with a parent or guardian, or the temporary care of a child during court-ordered visitation. This is sometimes also called residential custody.

Examples:

• After being apprehended for a suspected crime, Mr. Jenkins was taken to the local precinct. While at the police station, he was under the physical custody of the police officers, meaning his freedom of movement was directly controlled and limited by them.

  This illustrates the first meaning, where law enforcement directly controls an individual's freedom and location.

• Following their divorce, the court ordered that Ms. Rodriguez would have physical custody of her two children. This means the children primarily live with her, and she is responsible for their daily care, housing, and supervision on an ongoing basis.

  This demonstrates the family law context where a parent is designated as the primary caregiver with whom the children reside.

• Although Mr. Lee's children primarily live with their mother, his court-ordered visitation schedule grants him physical custody of the children every other weekend and for several weeks during the summer. During these periods, the children are in his direct care and supervision.

  This example highlights the temporary aspect of physical custody in family law, where a non-residential parent exercises care and control during visitation periods.