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custody

Custody refers to the condition of having physical control over, or the legal right to control, a person or property . Possession of custody generally carries corresponding duties to safeguard and care for the person or property in one’s charge. The term is primarily used in criminal law and family law .

In criminal law, a person is in custody when law enforcement restrains their freedom of movement, such as through arrest , detention , or confinement . Individuals in custody are dependent on the authorities for their basic needs, and law enforcement officers owe them a duty of care to ensure their health and safety. Personal property taken during arrest and booking (such as clothing, money, or personal effects ) is held in police custody until release. Property retained as evidence  or contraband is not returned.

In family law, custody concerns the care and control of a minor child following separation  or divorce , or other custody proceedings . Physical custody determines where and with whom the child resides, while legal custody concerns the authority to make major decisions affecting the child’s welfare, education, and health. Both physical and legal custody may be joint (shared by both parents) or sole (held by one parent). A parent with sole legal custody may act independently, while joint legal custody requires shared decision-making regardless of residence.

[Last reviewed in October of 2025 by the Wex Definitions Team
]

Wex

• LIFE EVENTS

• family & personal matters

• divorce

• juvenile law

• marriage

• financial events

• THE LEGAL PROCESS

• criminal law

• criminal procedure

• wex definitions

• criminal law and procedure

• family law