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Custody rights are granted by a probate or family court order that grants the care, control, and maintenance of a child, to one or both parents following a following a divorce or separation proceeding or in the case of unmarried parents, when the father has established his paternity in court. An unmarried mother has custody of her child until the father has established his paternity in order to acquire parental rights.
In another sense, a non-parent is sometimes granted a guardianship over a child and that person is said to have legal custody of the child. However, they are more accurately called the legal guardian.
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