Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Custody

n. 1. The care and control of a thing or person for inspection, preservation, or security.

Physical custody

The right to have the child live with the person awarded custody by the court.

Uniform Child Custody Jurisdiction Act

An act, in force in all states, that sets out a standard (based on the child's residence in and connections with the state) by which a state court determines whether it has jurisdiction over a particular child-custody matter or whether it must recognize a custody decree issued by another state's court. - Abbr. UCCJA. Cf. PARENTAL KIDNAPPING PREVENTION ACT.

chain of custody

1. The movement and location of real evidence from the time it is obtained to the time it is presented in court.

constructive custody

Custody of a person (such as a parolee or probationer) whose freedom is controlled by legal authority but who is not under direct physical control.

custody hearing

A judicial examination of the facts relating to parental custody in a divorce or separation proceeding.

custody of the law

The condition of property or a person being under the control of legal authority (as a court or law officer). See IN CUsTODIA LEGIS.

divided custody

See CUSTODY (2)

joint custody

An arrangement by which both parents share the responsibility for and authority over the child at all times. - Also termed shared custody. "The statutes, and the cases as well, differ over the definition of joint custody. It is most often defined as meaning only that both parents will share in the decisions concerning the child's care, education, religion, medical treatment and general welfare." Homer H. Clark, Jr., The Lain of Domestic Relations in the United States ยง 19.5, at 815 (2d ed. 1988).

legal custody

See CUSTODY (2), (3).

penal custody

Custody intended to punish a criminal offender.

physical custody

See CUSTODY (1), (2).

preventive custody

Custody intended to prevent further dangerous or criminal behavior.

protective custody

The government's confinement of a person for that person's own security or well-being, such as a witness whose safety is in jeopardy or an incompetent person who may harm others. 2. The care, control, and maintenance of a child awarded by a court to a relative, usu. one of the parents, in a divorce or separation proceeding. - Also termed managing conseruatorship; legal custody.

shared custody

See joint custody.

shared custody.

See joint custody under CUSTODY (2)

sole custody

An arrangement by which one parent has full control and responsibility to the exclusion of the other. 3. The detention of a person by virtue of lawful process or authority. - Also termed legal custody. - custodial, adj.