Custody vs. Detention — What's the Difference?
By Fiza Rafique & Maham Liaqat — Updated on May 13, 2024
Custody involves the legal right to care for someone or something, whereas detention refers to confinement, often for legal or disciplinary reasons.
Difference Between Custody and Detention
Table of Contents
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Key Differences
Custody is primarily a legal term concerning the responsibility over a person or entity. Whereas detention implies the temporary confinement or holding of a person, typically in a law enforcement context.
Child custody involves the rights granted to guardians or parents to make decisions and care for a child. On the other hand, detention might occur in a school setting as a form of punishment for students or in a jail for suspects awaiting trial.
Custody can be voluntary, as seen in guardianship cases, or court-ordered in legal disputes. In contrast, detention is usually imposed by authorities and not by choice of the detained individual.
Custodial agreements are often discussed in divorce proceedings, focusing on the welfare of children. Whereas detention is discussed in criminal justice contexts, focusing on the containment and rehabilitation of offenders.
Legal custody allows an individual to make significant decisions about another's life, such as healthcare and education. Detention, however, restricts a person's freedom, usually as a preventive measure or as a penalty.
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Custody can be shared between parties or awarded solely to one party in legal disputes. Detention is a state of being held under the control of authorities without such shared arrangements.
Comparison Chart
Definition
Legal authority over another person or property.
Confinement or imprisonment for legal reasons.
Context
Family law, guardianship.
Law enforcement, school discipline.
Voluntariness
Can be voluntary or court-ordered.
Generally imposed, not voluntary.
Purpose
Care, control, and welfare of others.
Containment, prevention, punishment.
Duration
Can be long-term or permanent.
Typically temporary until resolution of a matter.
Compare with Definitions
Custody
The responsibility for the care and management of something.
The artifacts are now in the museum's custody.
Detention
The state of being held back or delayed.
Their detention at the airport caused them to miss the meeting.
Custody
The legal right to care for a child after a divorce.
She was granted custody of the children.
Detention
A punishment where a student must stay at school after hours.
She received detention for breaking the school rules.
Custody
Legal supervision over an individual or property.
The suspect was taken into police custody.
Detention
Temporary custody by police or military.
The soldiers held the suspects in military detention.
Custody
The condition of being guarded or kept in a place.
The documents are held in the custody of the court.
Detention
Confinement during a legal process.
He is in detention awaiting trial.
Custody
The control and care of a person or property, especially when granted by a court
An adult who was given custody of the child.
Detention
The action of detaining someone or the state of being detained in official custody
The fifteen people arrested were still in police detention
Custody
The state of being detained or held under guard, especially by the police
Took the robbery suspect into custody.
Detention
The act of detaining.
Custody
The legal right to take care of something or somebody, especially children.
The court awarded custody to the child's father.
The mother gained custody of the children.
Detention
A period of temporary custody while awaiting trial.
Custody
Temporary possession or care of somebody else's property.
I couldn't pay the bill and now my passport is in custody of the hotel management.
Detention
A holding of a person in custody or confinement by authorities for political or military reasons.
Custody
The state of being imprisoned or detained, usually pending a trial.
He was mistreated while in police custody.
Detention
A form of punishment by which a student is made to stay after regular school hours.
Custody
(Roman Catholicism) An area under the jurisdiction of a custos within the Order of Friars Minor.
The Custody of the Holy Land includes the monasteries of Bethlehem, Nazareth, and Jerusalem.
Detention
(uncountable) The act of detaining or the state of being detained.
Custody
A keeping or guarding; care, watch, inspection, for keeping, preservation, or security.
A fleet of thirty ships for the custody of the narrow seas.
Detention
(countable) A temporary state of custody or confinement.
Custody
Judicial or penal safe-keeping.
Jailer, take him to thy custody.
Detention
(law) Confinement of a prisoner awaiting trial.
Custody
State of being guarded and watched to prevent escape; restraint of liberty; confinement; imprisonment.
What pease will be givenTo us enslaved, but custody severe,And stripes and arbitrary punishment?
Detention
(pedagogy) A punishment given to a student for a minor infraction, typically requiring the student to report to a designated room during recess or outside of school hours to work on homework or perform busywork.
Be stuck in detention
Custody
A state of being confined (usually for a short time);
His detention was politically motivated
The prisoner is on hold
He is in the custody of police
Detention
(civil law) The bare physical control without the mental element of intention required for possession.
Custody
Holding by the police;
The suspect is in custody
Detention
The act of detaining or keeping back; a withholding.
Custody
(with `in') guardianship over; in divorce cases it is the right to house and care for and discipline a child;
My fate is in your hands
Too much power in the president's hands
Your guests are now in my custody
The mother was awarded custody of the children
Detention
The state of being detained (stopped or hindered); delay from necessity.
Custody
A protective or caretaking role legally assigned.
He assumed custody of his elderly aunt.
Detention
Confinement; restraint; custody.
The archduke Philip . . . found himself in a sort of honorable detention at Henry's court.
Detention
A state of being confined (usually for a short time);
His detention was politically motivated
The prisoner is on hold
He is in the custody of police
Detention
A punishment in which a student must stay at school after others have gone home;
The detention of tardy pupils
Detention
The act of detaining someone in a secure location.
He was placed in detention by the authorities.
Common Curiosities
What rights do detained individuals have?
Detained individuals have rights such as legal representation and, in some jurisdictions, the right to a speedy trial.
Are there different types of custody arrangements?
Yes, custody can be sole, where one parent has full custody, or joint, where both parents share custody.
Can detention be contested or appealed?
Yes, detention can often be contested through legal channels, especially if it's seen as unwarranted.
Can custody decisions be modified?
Yes, custody agreements can be modified based on changes in circumstances and the best interests of the child.
Who can detain a person?
Authorities such as police, military, and school officials have the power to detain individuals within legal frameworks.
What is the difference between physical and legal custody?
Physical custody refers to where a child lives, while legal custody involves decision-making rights about the child's upbringing.
How long can a child be in custody of one parent?
This depends on court orders and can range from temporary arrangements to permanent custody until the child reaches adulthood.
How can one get released from detention?
Release can occur through legal proceedings, meeting bail conditions, or when the reason for detention no longer applies.
What is a detention center?
A detention center is a facility used to hold people in custody, often temporarily and for various reasons.
How is custody determined in court?
Custody is determined based on the best interests of the child, considering various factors like parental capability and the child's needs.
What are the conditions like in detention facilities?
Conditions vary widely but are often subject to regulation to ensure basic human rights and safety.
What is administrative detention?
Administrative detention is the arrest and detention of individuals by the state without trial, usually for security reasons.
Is detention legal without a trial?
In some cases, such as with administrative detention or national security issues, it can be legal.
What impact does custody have on children?
The impact can vary, but stable, supportive custody arrangements are generally positive, while contentious situations can be stressful for children.
Can adults be in custody?
Yes, adults can be in custody in various contexts, such as protective custody or criminal custody.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Co-written by
Maham Liaqat
