When the custodial status of a child is within the four walls of the court system, this usually means that there are serious concerns in the child’s life. Sometimes the concerns revolve around the behavioral issues of the child, so much so that the parents are having difficulty caring for him or her. Another possibility may be that the parents are unable or unwilling to care for their child because of their own faults or habits. Divorce proceedings can also bring the matter of child custody to the court room.

Regardless of how the complex issue of the custodial status of a child is brought to the court’s attention, the primary consideration for the court should always be what is in the best interest of the child. In the eyes of the court, the final custodial disposition should be based on who can provide for the basic needs of the child.

Next, we’ll explore the basics of legal custody.