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custody

English · Family and succession

Meaning. In family law, the right to care for a child in one's home; in criminal law, detention of an arrested person.

In family law the welfare of the child is the paramount consideration in deciding custody, above the rights of either parent. The court looks at the child's age, health, education, emotional ties and, if mature enough, his wishes. Custody of a child under five should ordinarily be with the mother. Courts may order joint custody and visitation rights. Custody (day-to-day care) is distinct from guardianship (legal authority over the child's person and property).

In criminal procedure, custody means police custody or judicial custody during investigation, authorised by a Magistrate on remand.

Example

The court gave custody of the seven-year-old to the father, who had raised him for three years, with weekend visitation for the mother.

In Indian law

See also

guardianship · hizanat · police custody · judicial custody

Read more in the study notes

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