Also known as: in custody · custody
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A state in which a person or property is subject to the lawful authority and control of law enforcement officers or a court. This condition determines whether a seizure is an arrest and whether materials must be disclosed in litigation.
A state in which a person or property is subject to the lawful authority and control of law enforcement officers or a court. This condition determines whether a seizure is an arrest and whether materials must be disclosed in litigation.
Select any source to read its text and confirm it supports the definition.
A court-ordered relationship granting a parent or guardian legal authority over a child. The determination binds parties in other states and controls support and relocation issues.
Select any source to read its text and confirm it supports the definition.
A court-ordered relationship granting a parent or guardian legal authority over a child. The determination binds parties in other states and controls support and relocation issues.
Each sense below has its own examples, sources, and questions.
Igor Ito handed his rare coin collection to his neighbor Irene Ingalls for safekeeping while he traveled. Idina Iverson approached Irene and claimed she had Igor’s permission to retrieve the coins. Irene handed them over. Idina then sold the coins. Because Irene held the coins in legal custody, the transfer occurred without the true owner’s consent and the taking was trespassory.
Insight Consulting maintained sales data on a third-party cloud platform under a contract allowing immediate access and download. In its Rule 26(a)(1) disclosures, Insight described the data by category and location. Because the records remained in the company’s legal custody through its contractual rights, the description satisfied the initial-disclosure obligation.
Police stopped Iris Irons on suspicion of shoplifting and drove her to the station for further questioning without probable cause. Because taking a person into legal custody and transporting her is functionally equivalent to an arrest, the seizure required probable cause and could not be justified as a mere investigative detention.
Transporting a suspect to a station house for questioning is the functional equivalent of an arrest. Officers therefore need probable cause. An investigative detention based on less than probable cause is insufficient.
Supporting sources
Yes if the documents are in the party’s possession, custody, or control. Contractual access rights or a history of obtaining the materials establish the required control even when physical possession rests elsewhere.
Supporting sources
The defendant must obtain the property without the consent of the person holding custody or possession. Consent obtained by misrepresentation is treated as invalid, rendering the taking trespassory.
Supporting sources
An Iowa court issued a custody decree after properly notifying Imran Iyer under the Act’s notice provisions. When Imran later challenged the order in another state, the decree remained conclusive as to all decided issues because the child remained in legal custody under the original determination.
After divorce, the court awarded primary physical custody of the child to Ines Ibarra. The court considered the parents’ wishes and the child’s preference but disregarded evidence of Ines’s unrelated personal conduct. Because custody must serve the child’s best interest, the award reflected only factors affecting the parent-child relationship.
After Imperial Motors’ founder died, his surviving spouse and minor children received a family allowance paid from estate funds during administration. Because the children were in the decedent’s legal custody and support at death, the allowance took priority over most claims and could continue for up to one year.
A custody order issued by a court with jurisdiction binds all persons properly served or notified and given an opportunity to be heard. The determination is conclusive on decided issues of law and fact unless later modified.
Supporting sources
…to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil commissions of such officers as do not hold their offices at the will of the President after the…