Definition: A legal determination, approved by a court, of which parent or relative should have physical and/or legal control and responsibility for a minor child or children. Custody decisions are most often given as the result of the parents' divorce, but a court may also award legal custody in the case in whcih one or both parents is unfit, absent, dead, in prison, or dangerous to the child. In such cases custody can be awarded to a relative, a foster parent, or an organization or institution.
While a divorce is pending the court may grant temporary custody to one of the parents before making a final ruling. If the parents agree, the court can award joint custody. Joint legal custody is becoming increasingly common. The basic consideration on custody matters is supposed to be the best interests of the child or children.
In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The court can always change custody if circumstances change.
