custody


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Related to custody: Child custody

Custody

The care, possession, and control of a thing or person. The retention, inspection, guarding, maintenance, or security of a thing within the immediate care and control of the person to whom it is committed. The detention of a person by lawful authority or process.

For example, in a Bailment, the bailee has custody of goods delivered to him or her in trust for the execution of a special object upon such goods.

The term is flexible and may mean actual imprisonment or the mere power—legal or physical—of imprisoning or assuming manual possession. A petitioner must be "in custody" to be entitled to Habeas Corpus relief, which provides for release from unlawful confinement in violation of constitutional rights. Custody in this context is synonymous with restraint of liberty and does not necessarily mean actual physical imprisonment. Persons who are on Probation or who are released on their own recognizance are "in custody" for purposes of habeas corpus proceedings.

Child Custody, which encompasses the care, control, guardianship, and maintenance of a child, may be awarded to one of the parents in a Divorce or separation proceeding. Joint custody is an emerging concept that involves the apportionment of custody between the parents during specified periods of time. For example, a child may reside with each parent for six months each year.

Jurisdiction of courts over custody disputes has been heavily litigated, especially in child-custody cases. In the past, some parents sought to obtain custody over their children by removing them from one state, then seeking to obtain custody through a decree in another state. The federal and state governments have sought to prevent this occurrence through the enactment of a series of statutes. In 1967, the Commissioners on Uniform Laws approved the Uniform Child Custody Jurisdiction Act, which was eventually adopted in every state. The act provides that a state court will not accept a custody case unless it has original jurisdiction or unless the state with original jurisdiction relinquishes it. The Commissioners on Uniform Laws updated the law in 1997 with the approval of the Uniform Child Custody Jurisdiction and Enforcement Act, which more than 30 states have adopted. Congress has enacted similar legislation, including the Parental Kidnapping Prevention Act (28 U.S.C.A. § 1738A [Supp. 2003]). That statute requires that a state give full faith and credit to another state's custody order.

The jurisdiction of federal courts over custody of Aliens has also become a significant issue with the enactment of several anti-Terrorism statutes since the late 1990s. In 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act, Pub. L. No. 104-132, 110 Stat. 1214 (1996), and the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. L. No. 104-208, 110 Stat. 3009 (1996), both of which removed much of the power from federal courts to review cases involving immigrants who are held in custody for certain crimes. Several legal commentators criticized the application of these statutes due to their limitation of the habeas corpus rights that traditionally are extended to aliens. Commentators have similarly raised questions with respect to orders issued by President george w. bush, which limit the ability of federal courts to review cases of suspected terrorists who are held in custody.

custody

n. 1) holding property under one's control. 2) law enforcement officials' act of holding an accused or convicted person in criminal proceedings, beginning with the arrest of that person. 3) in domestic relations (divorce, dissolution) a court's determination of which parent (or other appropriate party) should have physical and/or legal control and responsibility for a minor under 18. (See: child custody)

custody

(Incarceration), noun arrest, arrestment, bondage, bounds, captivity, circumscription, commitment, confinement, constraint, detention, durance, enthrallment, fetter, holding, immuration, immurement, impoundment, imprisonment, limitation, restraint, restriction, safekeeping, thralldom
Associated concepts: arrest, bail, constructive custody, hold in custody, parole, probation
Foreign phrases: Fortior est custodia legis quam hominis.The custody of the law is stronger than that of man. In cussodia legis. In the custody of the law.

custody

(Supervision), noun act of protecting, aegis, auspices, carcer, care, charge, control, custodia, custodianship, direction, guardianship, guidance, jurisdiction, keeping, management, preservation, preservaaion from harm, preservation from injury, protection, safeguard, safekeeping, stewardship, trusteeship, wardship, watch
Associated concepts: custody and control, custody decree, custody of children, custody of property, custody order, custody proceeding, guardianship
See also: adoption, affiliation, auspices, bondage, captivity, constraint, control, detention, durance, enclosure, imprisonment, incarceration, ownership, possession, preservation, protection, quarantine, restraint, safekeeping, supervision, thrall, ward

custody

1 detention of a person or thing. In relation to children, a concept broader than mere care and control (but encompassing them) involving control over long-term decisions affecting a child's future. It is replaced now by the idea of a residence order as part of parental responsibility.
2 in the care of an authority, as where a person charged with crime or convicted of an offence is held in captivity.

CUSTODY. The detainer of a person by virtue of a lawful authority. To be in custody, is to be lawfully detained under arrest. Vide 14 Vin. Ab. 359; 3 Chit. Pr. 355. In another sense, custody signifies having the care and possession of a thing; as, the chancellor is entitled to the custody as the keeper of the seal.

References in classic literature ?
I am sorry to see, sir, that the messenger I so warmly recommended has returned in custody of the French
The custody of this secret, that would so enrich his heirs, makes part of your grandfather's retribution.
He then takes the criminal into custody till he hath made satisfaction; but if it be a crime punishable with death he is delivered over to the prosecutor, who may put him to death at his own discretion.
But he, being a good Christian man, though he desired to give her in marriage at once, seeing her to be old enough, was unwilling to do so without her consent, not that he had any eye to the gain and profit which the custody of the girl's property brought him while he put off her marriage; and, faith, this was said in praise of the good priest in more than one set in the town.
As we reached the open the two female guards who had been detailed to watch over Dejah Thoris hurried up and made as though to assume custody of her once more.
He is in safe custody," answered Villefort; "and rely upon it, if the letter is found, he will not be likely to be trusted abroad again, unless he goes forth under the especial protection of the headsman.
And THAT is quite impossible; for he is now in the custody of his friend, and Mr.
Besides my plate and family pictures, household furniture of every kind, my own, my children's, and servants' apparel, they carried off about £900 sterling in money, and emptied the house of everything whatsoever, except a part of the kitchen furniture, not leaving a single book or paper in it, and have scattered or destroyed all the manuscripts and other papers I had been collecting for thirty years together, besides a great number of public papers in my custody.
Convinced that they were spies sent on some sinister errand, they took them in custody, and set to work to drive in the horses.
I left him in the act of bounding elastically out of the bed into which I had tucked him; but, as I took the precaution of turning the key in the door behind me, I retired to my own room, assured of his safe custody till the morning, and free to draw undisturbed conclusions from the scene I had just witnessed.
The only comfort was the arrival the next morning of a strong packing case, locked, from Ross, the key being in the custody of Davenport.
The personal fruition in any man, cannot reach to feel great riches: there is a custody of them; or a power of dole, and donative of them; or a fame of them; but no solid use to the owner.