Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Rhode Island, child custody laws are designed to ensure the best interests of the child are the primary concern in custody and visitation matters. When parents separate or divorce, they may be awarded joint custody, which allows both parents to make important decisions regarding their child's upbringing and ensures that the child has significant time with each parent. However, if one parent is deemed unfit or poses a risk to the child's well-being, the other parent may be granted sole custody. Unfit parents may still be granted visitation rights, which can be supervised if necessary to protect the child's safety. Rhode Island's family law statutes outline the factors that courts consider when determining custody arrangements, including the child's relationship with each parent, the child's adjustment to home, school, and community, and the mental and physical health of all parties involved. Child custody is a separate legal issue from guardianship, which may come into play when a child's parents are deceased or have abandoned the child, and from adoption, which involves the permanent legal assumption of parental responsibility by individuals other than the birth parents.