What are child custody and visitation rights?

Child custody and visitation rights are two separate yet related issues that are determined by the courts when a couple divorces in Rhode Island. Child custody refers to deciding who will have legal and physical custody of the children. Legal custody involves the right to make decisions regarding the child’s health, education, and general welfare, while physical custody involves the right to live with and care for the child. Visitation rights refer to the right the non-custodial parent has to spend time with the child. Visitation rights can be limited to scheduled visits or more open arrangements, depending on the situation and the court’s judgement. When deciding child custody and visitation rights, Rhode Island courts must keep the best interests of the child in mind. The court will consider factors such as the age of the child, the parent’s ability to provide a stable home environment, the time available to the parent to spend with the child, and any other relevant considerations. Generally, the court will try to maximize the time the child can spend with both parents. If the court finds that one parent is unfit or is not in the best interest of the child, the court may restrict the parent’s visitation rights or even prohibit the parent from having any contact with the child.

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