Definition
Custody in Property
Custody, as applied to property, describes the condition of having possession or control over an item within one’s care. This includes personal supervision of a tangible asset or object, ensuring its safety and integrity.
Custody in Persons
When applying to persons, custody signifies control over an individual to ensure their presence during legal proceedings, such as hearings. It often pertains to actual imprisonment, wherein a person is detained by law enforcement or correctional officers.
Examples
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Property Custody:
- A warehouse manager holds custody of the goods stored in the facility.
- A bank acting as a custodian for its clients’ financial assets.
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Persons Custody:
- A suspect is in police custody awaiting arraignment.
- A parent gains custody of their child as part of a family court decision.
Frequently Asked Questions
Q1: What is the difference between being in custody and being detained?
- A1: While “custody” implies a longer-term and more formal control, potentially including imprisonment, “detainment” can be temporary and less formally regulated, often on suspicion without formal charges.
Q2: Can a non-parent get custody of a child?
- A2: Yes, a court can grant custody to a non-parent, such as a relative or guardian, if it is in the child’s best interest.
Q3: Does having custody of a property mean you own it?
- A3: No, having custody means you have control or oversight, but not necessarily ownership.
Q4: How can custody of assets be transferred?
- A4: Custody of assets can be transferred through legal agreements, formal assignments, or financial account changes.
Q5: What are the types of child custody?
- A5: Common types of child custody include legal custody, physical custody, joint custody, and sole custody.
Related Terms
- Guardian: A person who is legally responsible for someone who is unable to manage their own affairs.
- Detainment: The action of keeping someone in official custody typically related to legal charges or investigations.
- Bailment: A relationship wherein physical possession of personal property is transferred from one person to another.
- Incarceration: The state of being confined in prison.
- Parental Rights: Legal rights and responsibilities associated with being a parent.
Online References
Suggested Books
- “The Child Custody Book: How to Protect Your Kids and Win Your Case” by Daniel E. Forrest
- “Asset Custody: An Overview of National Practice, Legal and Regulatory Issues” by Prometeja Tadić and Károly Révész
- “Practical Handbook for Professional Investigators” by Rory J. McMahon
Fundamentals of Custody: Legal Basics Quiz
Thank you for exploring the multifaceted concept of custody across property and personal contexts, and for taking part in our educational quiz. Keep deepening your understanding of legal and management principles!