• Ask a Legal Question
  • Submit Article
  • Law Dictionary
  • My Account
  • FAQ
  • Contact Us
  • Support
  • Site Search
Login or Sign up

The Law Dictionary

  • Home
  • Law Forum
  • Law Guide
  • Law Journal
  • Lawyers
  • Legal Forms & Files
  • Inbox
  • Alerts
Home » Law Dictionary » C » CUSTODY

CUSTODY

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) The detainer of a person by virtue of a lawful authority. To be in custody, is to be lawfully detained under arrest. 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. (B) To have custody or possession of an item or personal property. (C) Family Law. Legal Custody is the ability to make decisions affecting a child’s interests (such as where to go to school.) Physical custody relates to the ability to be the primary caretaker and to house the child and the right to have the child live with him or her.

Law Dictionary – Alternative Legal Definition

The care and keeping of anything; as when an article is said to be “In the custody of the court.” People v. Burr, 41 How. Prac. (N. Y.) 296; Emmerson v. State, 33 Tex. Cr. R. 89, 25 S. W. 290; Roe v. Irwin, 32 Ga. 39. Also the detainer of a man’s person by virtue of lawful process or authority; actual imprisonment. In a sentence that the defendant “be in custody until,” etc., this term imports actual imprisonment. The duty of the sheriff under such a sentence is not performed by allowing the defendant to go at large under his general watch and control, but so doing renders him liable for an escape. Smith v.x Com., 59 Pa. 320; Wilkes v. Slaughter, 10 X. C. 216; Turner v. Wilson, 49 Ind. 581; Ex parte Powers (D. C.) 129 Fed. 985. 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.

Related Posts:

  • CHILD CUSTODY
  • CUSTODY OF A CHILD
  • JOINT CUSTODY
  • SHARED CUSTODY
  • BEST INTERESTS (OF THE CHILD)
  • PHYSICAL CUSTODY

Filed Under: C

Add a New Legal Term

Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Add or request a definition by filling out the short form below!

Add Dictionary Term
Sending

Law Dictionary & Guide App

Law App

Law App

Pro Law App

Pro Law App


  Over 2,000 Five Star Ratings

  •   Black's Law Dictionary 2nd Ed.
  •   Free: 14,000+ legal terms, Pro: 23,000+
  •   Law Guide & Law Journal
  •   Ask Questions & Get Answers
  •   Law Library & Lawyer Directory
  • Free Attorney Case Review

    Free legal consultation with a lawyer

    • About
    • FAQ
    • Contact
    • Disclaimer
    • Privacy
    • Legal Terms
    • Editorial Guidelines
    • © 1995 – 2016 TheLaw.com LLC
    Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
    © Copyright 1995 - 2015 TheLaw.com LLC. All Rights Reserved
    Go to mobile version