Pauline Binam, a year-old former detainee at Irwin County Detention Center in Ocilla, Georgia, had been in custody for about two years when she started having irregular menstrual bleeding. In the spring ofthe death of Freddie Gray, 25, from injuries sustained in police custody brought demonstrators into the streets of Baltimore.
Hundreds of protesters gathered, but many of them were immediately taken into custody. Courts have also had trouble enforcing the orders and continuing to receive information from the government about migrants in its custodyshe said.
If she got caught with a shank, they would up her custody level. While Faal and Njie are in U. During two years in Iranian custodyAbdolhamid provided crucial details of how Jundullah operated. The four children were taken into custody by the Department of Social Services. The world should have a clearer idea after December 21, when the court decides whether or not Livvix will remain in custody. In some places it is common for the same ring to be used for many marriages, which ring remains in the custody of the priest.
But I see that thou art wont to commit thy understanding to the custody of thy wife. A constable came up and took me into custody for robbing the turnip field.
What Is Chain of Custody? Definition and Examples
The fore-arms, now in the custody of the College of Surgeons, were for a time separated. Put him in the fairest garden, and presently he will approach you with a newt, a toad, or a huge snail in his custody. Also called child custody. Compare joint custodysole custody. Come in here. You want to know about this.
So intriguing! But, alas, that is not how books begin. So, how well do you know the actual opening lines from some of literature's greatest novels?
Correctly match these memorable openers with their works of fiction and consider yourself an excellent listener! David Copperfield by Charles Dickens. Custody, keeping, possession imply a guardianship or care for something. Custody denotes a strict keeping, as by a formally authorized and responsible guardian or keeper: in the custody of the sheriff. Keeping denotes having in one's care or charge, as for guarding or preservation: I left the package in my mother's keeping.
Possession means holding, ownership, or mastery: Leave it in possession of its owner. Words nearby custody Custer's last standcustodescustodialcustodiancustodianshipcustodycustomcustomablecustomarycustom-buildcustom-built.
Words related to custody guardianshipprotectioncarearrestimprisonmentjaildetentionincarcerationkeepingmanagementobservationwatchpreservationsafekeepingaegisconservationwardsalvationsuperintendenceauspices. Example sentences from the Web for custody Pauline Binam, a year-old former detainee at Irwin County Detention Center in Ocilla, Georgia, had been in custody for about two years when she started having irregular menstrual bleeding.
The Shadowy U.However, when couples separate, all of these issues may become contentious. To explore this concept, consider the following child custody definition. As far back as ancient Roman law, children were viewed as property belonging to the father, who had the unilateral power to sell them, or enter them into slave labor.
Mothers had no rights to their children, even if the father died. This possessive attitude continued through to 19th century English common law, in which fathers had the sole obligation to support, protect, and educate their children as they saw fit, and mothers had very limited access to their children in the event of a divorce.
Landmark British legislation in directed the courts to award to mothers custody of children under the age of seven, and to give mothers visitation rights for older children. It was, however, the first stepping stone to shared custodial rights.
In the early s, thoughts on gender-based custody did an about-face, the courts determining that mothers were better suited to raise children. Parents navigating the mine field of child custody laws often become confused, as there are many legal terms bandied about. The court-ordered custody arrangement often becomes part of the divorce decree, though it may later be altered if there is a change in circumstances.Human animal studies courses in animal assisted therapy
In all states, joint custody is preferred, as the courts feel that it is important for children to have contact with, and be parented by, both parents. Circumstances, however, may necessitate other arrangements. A child custody and support order includes which parent the child will live with, how visitation will occur, who gets to make critical decisions regarding the child, and who will provide financial support.
In most cases, parents share joint legal custody, which means they must consult one another regarding major decisions. If one parent makes a habit of making such decisions without consulting the other parent, he or she may have legal custody rights taken away.
This is a situation in which sole legal custody may be granted to one parent, based on which parent is seen as being the most reasonable, and able to make the proper choices. Physical custody refers to the day-to-day care of a child, and where the child will primarily live. When they get divorced, Marie and Edward decide to work out shared custody of their two children. Both parents work, but because Edward has moved across town, and Marie is staying in the family home, they decide the children will live primarily with their mother, where they can remain in their neighborhood school.
The children will stay with their father every other weekend, as well as spending time with him two evenings a week until bedtime. Marie and Edward also share joint legal custody, consulting with one another to make decisions regarding the children. Candy and John have a turbulent divorce, and cannot agree on issues regarding their 3-year old son. John argues about every daycare provider Candy proposes, and when he has their son for visitation, he often fails to return him as scheduled.
The court orders primary physical, and sole legal, custody to the mother, with the father having weekend visitation with strict orders to return the child on time. When Helen and Zack divorce, Zack seeks sole custody of their daughter, stating Helen is an alcoholic, and leaving the little girl with her unsupervised would be dangerous. Zack is awarded sole legal and physical custody, and Helen is allowed to visit the little girl only at a supervising agency. The mother is ordered to attend AA meetings, or to enter rehab, after which she may apply for a change in custody status.Proving that an item has been properly handled through an unbroken chain of custody is required for it to be legally considered as evidence in court.
While often unnoticed outside the courthouse, proper chain of custody has been a crucial factor in high-profile cases, such as the murder trial of former professional football star O. In practice, a chain of custody is a chronological paper trail documenting when, how, and by whom individual items of physical or electronic evidence—such as cell phone logs—were collected, handled, analyzed, or otherwise controlled during an investigation. Under the law, an item will not be accepted as evidence during the trial—will not be seen by the jury—unless the chain of custody is an unbroken and properly documented trail without gaps or discrepancies.
In order to convict a defendant of a crime, the evidence against them must have been handled in a meticulously careful manner to prevent tampering or contamination. In court, the chain of custody documentation is presented by the prosecution in order to prove that the item of evidence is, in fact, related to the alleged crime, and that it had been in the possession of the defendant.
In the O. This omission enabled the defense to create doubt in the minds of the jurors that blood evidence linking Simpson to the crime could have been planted or contaminated in order to frame him. From the time it is collected until it appears in court, an item of evidence must always be in the physical custody of an identifiable, legally-authorized person. Thus, a chain of custody in a criminal cased might be:.
Items of evidence are typically moved in and out of storage and handled by different people. All changes in the possession, handling, and analysis of items of evidence must be recorded on a Chain of Custody Form. The Chain of Custody Form CCF or CoC is used to record all changes in the seizure, custody, control, transfer, analysis, and disposition of physical and electronic evidence. A typical Chain of Custody Form will describe the evidence and detail the location and conditions under which the evidence was collected.
As the evidence proceeds through the investigation and trail, the CCF must be updated to show at a minimum:. The Chain of Custody Form may be handled only by identifiable persons with authority to possess the evidence, such as police officers and detectives, forensic analysts, certain officers of the courtand evidence technicians. To the prosecution in criminal cases, a complete and properly completed Chain of Custody Form is essential in withstanding legal challenges to the authenticity of the evidence.
While more commonly an issue in the criminal justice systema chain of custody may also be required in civil cases, such as lawsuits arising from impaired driving incidents and acts of medical malpractice.Sociology textbook may season
For example, victims of traffic crashes caused by uninsured drunk drivers must often sue the offending driver for damages in civil court. Lack of a satisfactory chain of custody could prevent the blood test results from being considered as evidence in court. Similarly, in medical malpractice cases, medical and hospital records handled through an unbroken chain of custody must be introduced as evidence.
Apart from crime scene investigations and civil lawsuits, some clinical areas in which a well-maintained chain of custody is important includes:. A chain of custody is particularly important in environmental sampling to establish accountability for contamination and the accidental release of hazardous waste.
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Updated November 03, Key Takeaways Chain of custody is a legal term referring to the order and manner in which physical or electronic evidence in criminal and civil investigations has been handled. In criminal trials, the prosecution must typically prove that all evidence was handled according to a properly documented and unbroken chain of custody. Crime-related items found not to have followed a properly documented and unbroken chain of custody may not be allowed as evidence in trials.
What Is Racketeering?Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custodywhich is the right to make decisions about the child, and physical custodywhich is the right and duty to house, provide and care for the child.
Decisions about child custody typically arise in proceedings involving divorceannulmentseparationadoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility" residence " and " contact " also known as "visitation", "conservatorship" or "parenting time" in the United States have superseded the concepts of "custody" and "access" in some member nations.
Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent. Legal custody involves the division of rights between the parents to make important life decisions relating to their minor children. Legal custody may be joint, in which case both parents share decision-making rights, or sole, in which case one parent has the rights to make key decisions without regard to the wishes of the other parent.
Physical custody establishes where a child lives and who decides day-to-day issues regarding the child. If a parent has physical custody of a child, that parent's home will normally be the child's legal residence domicile. The times during which parents provide lodging and care for the child is defined by a court-ordered custody parenting schedulealso known as a parenting plan.
Joint physical custodyor shared parentingmeans that the child lives with both parents for equal or approximately equal amounts of time.
In joint custody, both parents are custodial parents and neither parent is a non-custodial parent. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedulealso known as a parenting plan or parenting schedule. The former parent is the custodial parent while the latter is the non-custodial parent.
A child custody case must be filed in a court that has jurisdiction over the child custody disputes. Jurisdiction normally arises from the presence of the children as legal residents of the nation or state where a custody case is filed.
Forum shopping may occur both between nations and, where laws and practices differ between areas, within a nation. If a plaintiff files a legal jurisdiction that the plaintiff believes to have more favorable laws than other possible jurisdictions, that plaintiff may be accused of forum shopping.
The Hague Convention seeks to avoid this,  also in the United States of Americathe Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state.
In the context of cases regarding custody, the "best interest" rule suggests that all legal decisions made to accommodate the child are made with the goal of ensuring a child's happiness, security and overall well being. There are many different factors that go into the decision that is made in a child's best interest, which include: the child's health, environment and social interests,  the relationship each parent has with the child, and the ability of each parent to address the needs of the child.
The "best interest" rule has been considered to be a standard in determining child custody for the most recent 40 years in history. Although it has been so widely favored amongst legal systems, there are some deficiencies to the concept. Robert Mnookin, an American lawyer, author, and a Professor of Law at Harvard Law School, claimed that the best interest rule is indeterminate. It is considered to be a broad and vague set of guidelines that only leads to increased conflict amongst the parents instead of promoting cooperation that would actually lead to the best interest of the child being met.
In order to better analyze the "best interest" of children, several experiments were conducted to observe the opinions of children themselves.
Children of divorce were found to want equal time with both of their parents. Studies conducted by Wallerstein, Lewis and Blakeslee show that children from all age ranges indicate that equal or shared parenting is of their best interest 93 percent of the time. However, the decision is highly situational, for joint custody can only be achieved in the absence of certain exceptions. For example, history of domestic violence found from either parent can most certainly trump the possibility of joint custody for a child.
In an economic analysis, Imran Rasul has concluded that if one parent values child quality more than the other, the spouses prefer that parent to have sole custody, while joint custody is optimal for parents with relatively equal valuation of child quality.
He has further concluded that "joint custody is more likely to be optimal when divorce costs fall, so that children retain contact with both parents" and that "this may improve child welfare". As the roles of children have changed over the past couple of centuries from economic assets to individuals, so has the role of mothers and fathers in who would provide the best care for the child.
Many courts and judges lean more towards the maternal figure when there is a trial for custody of a child. Women's and father's rights activists often become involved in matters of child custody since the issue of equal parenting is controversial, most of the time combining the interests of the child with those of the mothers or fathers. Women's rights activists are concerned about "family violence, recognizing primary caregiving, and inequities associated with awarding legal joint custody without a corresponding responsibility for child care involvement".
Child poverty, lack of resources, and women's economic dependence on men all remain pressing issues that are not effectively noted during the custody trials. The parental responsibility does not change in cases of separation or dysfunction between the two parents. In the case of divorce or separation of parents many hurdles can fall in the way regarding the custody of their children, deciding who will be the custodial parent and so forth.FREE consultations via phone or video conferencing.
A Custody, Visitation or Guardianship case in New York Family Court deals with establishing who will be responsible for the care and control of a child, where a child will primarily reside, and the extent of access granted to a non-custodial parent or other similarly situated person. As in most Family Court cases, a copy of the petition and a summons must be personally served on the other party, or "Respondent. An Order of Custody on consent is an Order issued by the presiding judge in New York Family Court that typically establishes a custody and visitation arrangement that has been agreed to by the parties.
The Order will typically specify which parent is to have physical custody and legal custody, or if either or both forms of custody are to be shared. The order will also typically specify a visitation schedule for the non-custodial parent that is agreed to by the parties, or the order may allow for visitation on an ad hoc basis, or "as agreed to" by the parties through their respective attorneys.
Typical arrangements include the child primarily residing with one parent, known as sole physical custody, with regularly scheduled visitation with the other parent, known as parental access. This visitation schedule can be almost anything, but a typical arrangement would include every other weekend and one night during the week every other week with the non-custodial parent.
Whatever the terms may be, your child custody lawyer and Family Court attorney can advocate for an Order of Custody that is most beneficial to you and your child. Physical custody, or what parent the child lives with, should not be confused with Legal Custody, or the right to make decisions regarding the child's education, medical care, activities and other issues relating to the child's well-being.
Ideally, the parents with the assistance of attorneys versed in Family Court custody laws and issues, can work together and have Joint Legal Custodymeaning that they collaborate and come to an agreement on major issues of this kind. If the parents cannot work together in this way, then Sole Legal Custody will be granted to one of the parents, typically the parent with Physical Custody.
Certain safeguards can be put in place, however. For example, the Family Court can require that the parent with Sole Legal Custody accept input from the non-custodial parent, engage in productive conversation regarding these important issues to the extent possible, keep the non-custodial parent informed about these issues and decisions, and attempt to come to an agreement when possible.
The parent with Sole Legal Custody will typically have final decision making authority if a decision cannot be agreed upon. Again, to best protect either parent or guardian, it behooves those seeking custody in any capacity to consult with and retainer a Family Court attorney who can best advocate on your behalf and protect your rights and relationship with the child going forward in life.
If the parties cannot agree on a custody and visitation arrangement, the Family Court will schedule a fact-finding "Hearing," at which the parties will present any testimony or other evidence they choose, and the judge will make a ruling and decide how custody and visitation should be established at a Dispositional Hearing. A judge may also order an investigation from a social services agency such as Child Protective Services CPS or Administration for Children's Services ACSand the judge can consider the report generated by that agency.
The judge will ultimately rely primarily on what the judge believes is in the best interest of the child in rendering his or her decision and will issue a decision and order regarding the granting of physical custody, legal custody and parental access as well as any other related issues.
There is no firm definition of "best interests of a child. Simply, the factors are many and weighed subjectively. It is imperative that your custody attorney be well versed in all of them.
After an order has been issued by the Court, either party may file a petition to have that order modified at a later date, but there must be a substantial change in circumstances since the first order was issued for the Court to entertain the modification petition. Either party may also file an enforcement petition, essentially alleging that the other party is not complying with the Court's order.
Whether you are fighting for custody or visitation in Rockland County, Westchester County, Manhattan, the Bronx, Queens or elsewhere in New York State, it is important to have an attorney who is compassionate and zealous in your pursuit of your rights. Call the New York family law lawyers and former New York City prosecutors at or contact us online today.
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Peter Katz Esq. Robert Maher Esq. Practice Areas. Family Law. New York Family Court Act Article 6: Custody Visitation and Guardianship A Custody, Visitation or Guardianship case in New York Family Court deals with establishing who will be responsible for the care and control of a child, where a child will primarily reside, and the extent of access granted to a non-custodial parent or other similarly situated person.
Physical v.Add custody to one of your lists below, or create a new one. Definitions Clear explanations of natural written and spoken English. Click on the arrows to change the translation direction. Follow us. Choose a dictionary.
Clear explanations of natural written and spoken English. Usage explanations of natural written and spoken English. Word Lists. Choose your language. My word lists. Tell us about this example sentence:. The word in the example sentence does not match the entry word.
The sentence contains offensive content. Cancel Submit. Your feedback will be reviewed. C2 the legal right or duty to care for someone or something, especially a child after its parents have separated or died :. The parents were given joint custody.
C2 the state of being kept in prisonespecially while waiting to go to court for trial :. The suspect is now in custody.
UK You will be remanded in custody until your trial. Putting people in prison. The court awarded custody of the child to the mother. The police have taken the suspect into custody. Investment advisers with actual custody of clients ' funds pose a higher risk to clients. See also safe custody.
Examples of custody. The child is in the state's custody only temporarily - until completion of the necessary treatments - and parents can visit their child whenever they wish.Custody occurs when someone is arrested, or under other circumstances where the suspect submits to the authority of a police officer.
In making the determination of whether a suspect is in custody, a court looks at the circumstances of the custody, not the opinions of either the person being questioned or the officers. Ultimately, every relevant circumstance surrounding the situation will play a role in determining custody. Common factors include:. Police can have you in their custody without actually arresting you.
Police custody is generally defined as anytime the police deprive you of your freedom of action or where you know you cannot get up and leave the presence of the police by your free will. An arrest actually occurs when:. If the police have you in their custody or they have arrested you, they must inform you of your Miranda rights and give you the opportunity to exercise those rights.
If a suspect is not informed of his Miranda rights while in police custody, any evidence obtained through police interrogations may be inadmissible in court. For example, if a suspect is in police custody, and an interrogation occurs without the suspect being read Miranda rights, and the defendant confesses to the crime, the confession may be inadmissible in court against the defendant because of the failure of the police to read the suspect his Miranda rights.
The duration that you may be held in police custody depends on the reason or potential crime that you are being detained for. If you are detained in police custody for questioning about a serious offense, such as murder or, robbery, without any charged offense, the police can hold you for up to 8 hours, but can only question you for up to 4 hours or it would be deemed excessive interrogations.
The police must also release you from custody if they have no sufficient evidence to actually charge you.
If you are charged with a crime after you are in police custody, the police may detain you for a long period of time or may release you on bail. The judge determines whether or not you can be released on bailand how much bail with cost. If the court refuses to grant you bail, you will be held in police custody until any of the following occurs:. If you are accused of a crimeyou should speak to a criminal defense lawyer immediately to learn more about your rights, your defenses, and the legal system.
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