Privacy is the cause of possession. If something belongs to someone else, it can not be enjoyed by others. But this context is entirely different in the case of custody. The notion of protection drives custody. Some particular laws and regulations describe the meaning of both possession and custody.
Possession vs Custody
The main difference between possession and custody is that possession is the state of occupancy of something. A person does not require legal rights to possess something. On the other hand, custody is imposed to protect a person. Custody is given or taken by law; in other words, it is taking care of someone.
The term possession is referred to something that belongs to a particular person or entity. A thing or object controlled by someone is known to be under his possession. It is a state of owning or having something. Possession of an object is described to be held by someone as a valuable asset.
Custody is generally associated with a person, and it is a state of guardianship of someone. Custody is more like keeping an eye on someone but not controlling. Custody can be taken at law by proving the eligibility to court. Custody also applies to a person being held in prison during the trial in court. So, when the court summons them, they can be presented.
Comparison Table Between Possession and Custody
What is Possession?
Generally, possession is applied to things and not on a person because if a person is under the possession of someone else, then this situation drives plenty of negative aspects. People can possess passive objects like houses, land, cars, machines, etc. Yet the term possession had many chapters in law dedicated to it.
Possession starts from the property, and possession is elaborated to be the most crucial connection between a person and objects. For the consumption or utilization of materials, possession is essential. It has been a necessary part of the structure of society for centuries and has been present in every civilization.
But with the evolution of culture, people became harsh and ready to destroy others in the madness of possession. Yet, possession is the fundamental need of society. People take things and claim that they own them, while others need to follow the rules to acquire that thing. The term possession contains two components, corpus, and animus. Possession is considered to be equivalent to ownership.
Possession is not always correct, a person can steal specific things, and he’ll automatically have the possessory right against the world. Possession can only be protected by law but no one because people can impose their possession forcefully over a particular material.
What is Custody?
A legal right to have or keep an object, especially a child, is known as custody. Custody is wholly related to the law, and no person can impose custody by his own consent. Custody is generally appealed by married couples for their children when they get separated. Hence, custody can be described as legal care for a person.
If a child’s parents die, the custody of that child emerges and goes to the person who is eligible at law. In such circumstances, a court has all the right to award the custody of a child. Custody can be joint and separated. Another context to describe custody is to keep a criminal or a person in prison who is a subject of an ongoing trial in a court.
This person remains in custody until the court decides to release him. He has to spend many weeks in prison to complete the trial procedure. Custody can also be described as an act of looking after once money. A person can have the legal right to take care of other people’s money and their investments.
Custody can be divided into two parts, physical and legal. The physical study determines where the person, child, or the concerned object will be held, while legal custody elaborates the legal decision that has been taken and should be applied.
Main Differences Between Possession and Custody
- Other significant terms used to denote possession are proprietorship, control, ownership, etc. On the other hand, custody is also known as guardianship, imprisonment, detention, etc.
- A person can acquire possession of a particular thing with force against the world. On the other hand, a person can not get custody forcibly.
- Possession is technically a control, legal or illegal, over a particular thing. On the other hand, custody is nothing but keeping an eye on or taking care of the concerned item.
- If a person manages to take control of the desired things, then that thing is considered to be under his possession. On the other hand, only the court is eligible to give custody.
- Passive things like a house, land, instruments can be under the possession of someone. On the other hand, custody is mainly related to a living person.
Conclusion
When two people part, it also applies in the things they have, whether it’s their children or objects. It can be a huge problem if there are no particular rules for custody. In modern society, terms like possession and detention have been well elaborated.
A person needs to prove his eligibility that he can have certain things. Also, in the case of a person willing to possess an object, he is required to pay the amount needed.
Some things need documents, while some things can be owned without any fuss. Yet, both the terms, possession, and custody are very different from each other.
References
- https://hraf.yale.edu/ehc/documents/895
- https://link.springer.com/article/10.2307/3004048