Legal Question in Family Law in Texas

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what is constructive custody and what are the steps to it?


Asked on 2/01/07, 6:51 pm

1 Answer from Attorneys

Lewis Palomino Law Office of Lewis Palomino

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Like many words, the word "constructive" has a different meaning in the law than in regular language. It means that something has effect in law though not necessarily in fact. For example a defendant in a law suit may be constructively served with notice of a law suit by publication in a newspaper. Although the defendant may never read the paper, the law presumes he has knowledge. One can have constructive ownership of money by holding only stock certificates or notes. Constructive custody, therefore implies that the law presumed custody without actual physical custody.

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Answered on 2/03/07, 1:24 am


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