Custody

Child custody

In family law, child custody refers to the rights and responsibilities for a child's care and decision-making when parents separate or when guardianship is otherwise needed. Practically, custody is often described in two dimensions: legal custody (authority to make major decisions about education, health and religion) and physical custody (where the child lives). Courts often adopt arrangements such as sole custody, joint custody, or shared parenting, and focus on the child's best interests when resolving disputes.

Criminal and police custody

When used about detention, custody means holding a person under the authority of law enforcement or correctional institutions. This includes arrest custody, pretrial detention (remand), and incarceration after conviction. Being in custody affects procedural rights such as the right to counsel, access to courts, and protections against unlawful interrogation and unreasonable delays.

Custody of property and custodial services

Outside persons, custody also describes control of assets or responsibilities for another's affairs. Examples include custodial bank accounts for minors, trustees or guardians managing property, and professional custodians who safeguard securities or documents. These roles impose fiduciary duties and legal obligations to preserve and account for the assets under custody.

Legal procedures, factors and safeguards

Determinations about custody typically involve court orders, evidentiary hearings and statutory standards. In child matters, courts consider factors such as the child’s needs, parental capacity, stability and any history of abuse. In detention, legal safeguards limit how long someone may be held without charge and guarantee access to legal advice and review.

Other uses and notable facts

Custody appears in everyday speech and culture — from financial reports to film and literature. For instance, the term titles a 2007 television film exploring family law themes. Though the basic idea is control or care, the legal duties, rights and consequences tied to custody vary significantly by jurisdiction and context.

• Common custody types: sole, joint, physical, legal.
• Key distinctions: parental rights vs. detention authority; asset custody vs. personal custody.
• Procedural protections differ between family law and criminal procedure.