Child Custody

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Child custody is defined in the Children’s Act as the parental rights and duties that relate to the possession of the child. Child custody is divided into two:
Legal Custody – This is the parental rights and duties in relation to possession of a child as are conferred on a person by a custody order. These include the responsibility to maintain a child.
Actual custody – Actual custody of a child refers to the actual possession of a child whether or not the possession is shared with the other parent or any other person. Therefore, whoever the court gives actual custody of the child to, will live with the child.
The court is always guided by the best interests of the child when making a decision on which parent to give actual custody.