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 his/her 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.