The term "custody" refers to the control and care of the claimant. Temporary changes in custody (e.g.,
vacations, weekends or other short visits) are not to be considered as a "change in
custody" if the claimant is expected to return to their original custodian.
Physical custody means that the claimant actually lives with the person or in the institution, nursing
home, etc.
Legal custody exists when a court places an individual in the custody of an individual, institution, social agency,
etc. Parents of a minor child can have joint legal custody, as decided by a court. In such cases, so long as the child lives with each parent,
both parents are considered to have custody.