The term custody of child legally means that the care, control and the maintenance of a child is in the care of the party named. This generally is in use when a court awards custody of the child to one parent, guardians or to foster care depending on the circumstances of the situation. It is often in use in divorce and separation proceedings to determine who will maintain the care and well-being of the child. Under most laws, the individual who has custody of the child will have the most significant ability to make decisions for the rearing of the child. This includes decisions on education, where the child will live, the health care the child will receive and the religious upbringing the child will have. Whenever possible, the custody of the child is in the hands of a biological parent.