custody

custody
The care and control of a thing or person. The keeping, guarding, care, watch, inspection, preservation or security of a thing, carrying with it the idea of the thing being within the immediate personal care and control of the person to whose custody it is subjected. Immediate charge and control, and not the final, absolute control of ownership, implying responsibility for the protection and preservation of the thing in custody.
Also the detainer of a man's person by virtue of lawful process or authority. The term is very elastic and may mean actual imprisonment or physical detention or mere power, legal or physical, of imprisoning or of taking manual possession. Within statute requiring that petitioner be "in custody" to be entitled to federal habeas corpus relief does not necessarily mean actual physical detention in jail or prison but rather is synonymous with restraint of liberty. U. S. ex rel. Wirtz v. Sheehan, D.C.Wis., 319 F.Supp. 146, 147. Accordingly, persons on probation or parole or released on bail or on own recognizance have been held to be "in custody" for purposes of habeas corpus proceedings.
- custodial interrogation
@ custody account
A type of agency account in which the custodian has the obligation to preserve and safekeep the property entrusted to him for his principal
@ custody of children
The care, control and maintenance of a child which may be awarded by a court to one of the parents as in a divorce or separation proceeding.
See also guardianship
@ divided custody
Divided custody is where child lives with each parent part of the year with reciprocal visitation privileges; in divided custody, parent with whom child is living has complete control over child during that period. In re Marriage of Ginsberg, Ind.App., 425 N.E.2d 656, 658.
@ joint custody
Joint custody involves both parents sharing responsibility and authority with respect to the children; it may involve joint "legal" custody and joint "physical" custody. In re Marriage of Ginsberg, Ind. App., 425 N.E.2d 656, 658.
Such includes physical sharing of child in addition to both parents participating in decisions affecting child's life, e.g., education, medical problems, recreation, etc.; "joint custody" does not mean fifty-fifty sharing of time, since each case depends on child's age, parent's availability and desires, and other factors. Plemer v. Plemer, La.App. 4 Cir., 436 So.2d 1348, 1349.
@ temporary custody
Awarding of custody of a child to a parent temporarily, pending the outcome of a separation or divorce action. The care, control and maintenance of a child which may be awarded by a court to one of the parents as in a divorce or separation proceeding.
@ Uniform Child Custody Jurisdiction Act
A uniform law adopted in all states, cf. N.Y. McKinney's Domestic Relations Law, No.No. 75-a to 75-z, to deal with multi-state child custody and visitation disputes. Enacted in part to deter parental kidnapping, it generally recognizes jurisdiction in a child's "home state."
See custody of children
@ custody of the law
Property is in the custody of the law when it has been lawfully taken by authority of legal process, and remains in the possession of a public officer (as a sheriff) or an officer of a court (as a receiver) empowered by law to hold it.
@

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • custody — cus·to·dy n [Latin custodia, from custod custos guardian]: care or control exercised by a person or authority over something or someone: as a: supervision and control over property that usu. includes liability for damage that may occur b: care… …   Law dictionary

  • Custody — may refer to: Legal custody Child custody, a description of the legal relationship between a parent (or guardian) and child Police custody or detention, a lawful holding of a person by removing their freedom of liberty Custody (film), a 2007… …   Wikipedia

  • Custody — Cus to*dy (k?s t? d?), n. [L. custodia, fr. custos guard; prob. akin to Gr. ?????? to hide, and E. hide. Seee {Hide} to cover.] 1. A keeping or guarding; care, watch, inspection, for keeping, preservation, or security. [1913 Webster] A fleet of… …   The Collaborative International Dictionary of English

  • custody — [kus′tə dē] n. pl. custodies [ME custodie < L custodia < custos, a guard, keeper < IE * (s)keudh < base * (s)keus , to cover > SKY] 1. a guarding or keeping safe; care; protection; guardianship 2. the right of having one s children …   English World dictionary

  • custody — [n1] supervision, charge of something aegis, auspices, care, conservation, custodianship, guardianship, keeping, management, observation, preservation, protection, safekeeping, salvation, superintendence, trusteeship, tute lage, ward, wardship,… …   New thesaurus

  • Custody — Nom porté dans le Tarn et Garonne et le Lot et Garonne. Semble désigner soit un gardien de prison, soit une prison ou un poste de garde (toponyme), du latin custos, custodis (garde, geôlier) ou custodia (surveillance, prison). A noter aussi l… …   Noms de famille

  • custody — mid 15c., from L. custodia guarding, watching, keeping, from custos (gen. custodis) guardian, keeper, protector, from PIE * (s)keu to cover, conceal (see HIDE (Cf. hide) (n.1)) …   Etymology dictionary

  • custody — ► NOUN 1) protective care or guardianship. 2) Law parental responsibility, especially as allocated to one of two divorcing parents. 3) imprisonment. DERIVATIVES custodial adjective. ORIGIN Latin custodia, from custos guardian …   English terms dictionary

  • custody — The care and control of a thing or person. The keeping, guarding, care, watch, inspection, preservation or security of a thing, carrying with it the idea of the thing being within the immediate personal care and control of the person to whose… …   Black's law dictionary

  • custody — cus|to|dy [ˈkʌstədi] n [U] [Date: 1400 1500; : Latin; Origin: custodia guarding , from custos person who guards ] 1.) the right to take care of a child, given to one of their parents when they have ↑divorced custody of ▪ He got custody of his son …   Dictionary of contemporary English

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