Legal Definitions - custody proceeding

A custody proceeding is a legal action that determines who has the right to legal or physical custody of a child. Legal custody gives the right to make significant decisions regarding the child, while physical custody gives the right to physical care and control of the child. This type of proceeding is common in divorce or separation cases, as well as in cases of child abuse or neglect.

For example, if a couple is getting a divorce and they have a child, they may need to go through a custody proceeding to determine who will have legal and physical custody of the child. In cases of child abuse or neglect, a custody proceeding may be necessary to determine if the child should be removed from the home and placed in protective care.