In Kenya, the rights of a child are of paramount importance and are protected even after separation of parents by the Children's Act. This is defined in the act as child custody. The act provides that, a child has the right to parental care and protection, which is an equally shared responsibility of both parents whether they are married to each other or not. Child custody can either be: Legal custody or Actual custody

- Legal custody
Legal custody is the parental rights and duties that relate to the possession of a child as conferred by a custody order. The duties include the duty to maintain the child and provide them with basic needs as well as the duty to protect them from abuse or neglect or discrimination.
- Actual custody
It is the actual possession of the child, whether the possession is shared with one or more persons.

Parents can be granted both joint legal custody and actual custody where they share responsibilities, but physical custody can only be granted to one parent although this does not stop the other parent from interacting with the child.