Custody is a legal term referring to the right of a person to make decisions about the care and welfare of a child (for example, decisions about education, health care and religious training). The parent with custody is often called the “custodial parent.” In most cases, but not necessarily all cases, the child resides with the custodial parent most of the time. The law does not favor one form of custody over another, nor do they base their decisions on the sex of the parent.