Legal definition of child custody
Divorce & Separation Legal Terminology

child custody

1
Child custody is the right and duty to care for a minor child on a day-to-day basis and to make major decisions about the child. In sole custody arrangements, one parent takes care of the child most of the time and makes major decisions about the child. In joint custody arrangements, both parents share in making major decisions, and both parents also might spend substantial amounts of time with the child. Source: ABA Family Legal Guide

There are different types of child custody. There is physical custody and legal custody. Parent that was granted phisical custody oversees a child's everyday living. Legal custody involves decision making authority for key issues arising in a minor's life, such as religious upbringing, what schools to go, medical procedures to take, what extracurricular activities to take.
2
Court may award either sole custody or joint custody. Joint custody gives both parents broad decision-making authority. The court makes custody determination based on "the best interest of the child".

Among the factors affecting child custody are: the love, affection, and other emotional ties existing between the parents and the child, age of both parents, earning abilities, wishes of a child, time each parent may spend with a child, the moral fitness of the parents, parent's mental and general health, evidence of previous instances of child abuse, etc.
3
Child custody determination means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
Source: Florida Domestic Relations. website
Find a legal term by clicking on the first letter of a legal word or phrase:
Book of the Day in our Store
Share it on TwitterFacebook
Transnational Legal Orders (Cambridge Studies in Law and Society)Transnational Legal Orders (Cambridge Studies in Law and Society)
by
  • Price: $38.99
from $35.03
View
Principles of Remedies Law (Concise Hornbook Series)Principles of Remedies Law (Concise Hornbook Series)
by Russell Weaver, Elaine Shoben, Michael Kelly
  • Price: $50.00
from
View
Steven J HarwoodAttorney at LawPRACTICE AREA: Tax Law, Business Law, Environmental Law, Trusts & Estate Planning, Sports Law
Burton J KinerkAttorney at LawPRACTICE AREA: Personal Injury, Professional Malpractice, Elder Law, Litigation, Sports Law, Aviation
Marvin BorofskyAttorney at LawPRACTICE AREA: Family Law, Real Estate Law, Litigation, Sports Law, Industrial Development Law
Wisconsin Law Journal (subscription) (blog)Kelly Jackson appeals pro se the final placement order in a series of post-divorce decisions on custodial decision-making, placement, and support that were issued after her ex-husband, Trent Jackson, moved to modify the parties' physical placement ... more »
Qantara.deIndia's Supreme Court is currently considering the Muslim practice of instant divorce. The family law allows Muslim men to end their marriages by simply repeating the word "talaq" (Arabic for divorce) three times. But there is growing opposition to the ... more »
MarketWatchMy ex-husband had two life insurance policies that named me as the beneficiary when we divorced. I asked that this be retained during his lifetime and the beneficiaries would be our son and daughter. This also was written up in our divorce papers. He ... more »
It's a free online legal dictionary search engine for definitions of legal terminology and legal words, legal abbreviations, and legal jargon you may meet when reading legal acts, law books, documents, legal forms and other legal content