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 Hawaii, child custody laws are designed to ensure the best interests of the child are the primary consideration in custody and visitation matters. Hawaii Revised Statutes Title 31 (Family), specifically Chapter 571 (Family Courts), outlines the legal framework for child custody arrangements. During a separation or divorce, parents can be awarded joint custody, which allows both parents to share in the decision-making and physical custody of the child, or sole custody, where only one parent has these rights and responsibilities. The court may determine that one parent is unfit due to reasons that may harm the child's well-being, such as substance abuse, neglect, or abuse, and in such cases, the other parent may be granted sole custody. Visitation rights may be granted to the non-custodial parent, and if necessary, these visits can be supervised to protect the child's safety. The court considers various factors, including the child's wishes, the mental and physical health of all parties, and the child's relationship with each parent, to determine the most suitable custody arrangement. Child custody in Hawaii is distinct from guardianship, which is typically a temporary arrangement, and adoption, which permanently transfers parental rights to another individual.