Also known as: physical custody
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The maintenance and upkeep of real estate and its improvements. A mortgagor commits waste by materially failing to comply with mortgage covenants addressing physical care without the mortgagee's consent, thereby impairing the security.
Day-to-day living with a child and the exercise of supervision and care. Physical care forms a core component of physical custody and supports determinations of consistent caretaker status for nonparents.
Each sense below has its own examples, sources, and questions.
The maintenance and upkeep of real estate and its improvements. A mortgagor commits waste by materially failing to comply with mortgage covenants addressing physical care without the mortgagee's consent, thereby impairing the security.
Select any source to read its text and confirm it supports the definition.
MetroBuild LLC halted construction on a mortgaged tower, removed installed windows and HVAC units, and left the structure exposed. Riverbend Bank claimed the removal and resulting deterioration impaired its security. The conduct breached the mortgage covenant on physical care and constituted waste.
A mortgagor breaches the covenant by failing to maintain the property in a reasonable manner or by removing improvements without consent. The breach constitutes waste when it impairs the mortgagee's security. Courts examine whether the mortgagor allowed deterioration or violated express maintenance obligations.
Supporting sources
Day-to-day living with a child and the exercise of supervision and care. Physical care forms a core component of physical custody and supports determinations of consistent caretaker status for nonparents.
Select any source to read its text and confirm it supports the definition.
Christopher stayed most nights at Tabitha's apartment and handled Gavin's meals, school routines, and bedtime. The arrangement satisfied the living-with and day-to-day-care elements. The facts illustrate physical care under the statutory definition.
The nanny lived with Gavin for years and made daily decisions about school and activities in cooperation with the parents. Under the statute the nanny exercised physical custody by providing ongoing day-to-day care. The court evaluated whether that role supported a custody petition.
Kaitlyn and Ruth agreed that Melissa would alternate weeks between their homes. The schedule allocated substantial periods of physical care to each parent. The arrangement illustrated shared physical care under the statutory definition.
Physical care involves living with the child and handling daily supervision. Legal custody concerns the right to make significant decisions about education, health, and activities. A person may exercise physical care without holding legal custody.
Supporting sources
Regular overnight stays combined with day-to-day caregiving can satisfy the living-with and care elements. Formal title to the residence or school records listing only one parent do not automatically negate the functional reality. Courts focus on consistent presence and responsibility rather than documentation alone.
Supporting sources
…of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care"; "best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship…
…adolescent years and his language, identity, and culture and traditions. That a ne exeat right does not fit within traditional physical custody
…judge to terminate permanently the natural parents' rights in the child. §§ 631(c), 634. Termination denies the natural parents physical custody
…treatment by spiritual means alone as satisfying any parental obligation not to neglect a child or to provide a child with physical care
…a child has been given by order of the court, other than the child’s parent or legal guardian”). Although Bouknight surrendered
The nanny regularly made day-to-day choices for Gavin while the parents worked late shifts. She cooperated with the parent who held physical custody on major issues. That pattern helped establish the nanny as a consistent caretaker eligible for custody consideration.
Maya allowed her parents limited daytime visits with her son but refused overnight stays. The grandparents petitioned under a best-interests statute. The court had to decide whether to override Maya's decision on the child's physical care arrangements.
A nonparent qualifies by living with the child for at least twelve months, regularly exercising care, making day-to-day decisions alone or with a parent who has physical custody, and forming a bonded relationship with parental consent. Compensation for care does not automatically disqualify the nonparent.
Supporting sources
A fit parent's decision on the child's care receives special weight under due process. Courts may not substitute their own best-interests judgment without finding unfitness or harm. The presumption protects parental authority over third-party visitation requests.
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