Legal Definitions - custody (of a child)

Custody refers to the legal determination of who will take care of a minor child, where they will live, and who will make important decisions about their life. This decision is usually made after the separation or divorce of the child's parents, but it can also involve non-parent parties.

There are two types of custody:

• Physical custody: This refers to where the child will live and who will take care of them on a day-to-day basis.
• Legal custody: This refers to who has the right to make important decisions about the child's health, education, and general upbringing.

Parents can share one or both types of custody in joint custody arrangements. In other cases, one parent may have primary physical custody while the other parent has visitation rights. However, even if a parent does not have physical custody, they may still share legal custody and have a say in important decisions about their child.

For example, if a couple gets divorced and they have a child together, they will need to determine who will have physical custody of the child and who will have legal custody. If they agree to joint custody, the child will split their time between both parents' homes and both parents will have a say in important decisions about the child's life.

Another example could be if a child's parents are unable to care for them due to substance abuse or other issues. In this case, a non-parent party such as a grandparent or other relative may seek custody of the child in order to provide a stable and safe home environment.

These examples illustrate how custody determines who is responsible for a child's care and well-being, and how important it is to make sure that the child's needs are being met in the best possible way.