Best Child Custody Lawyers in Hawaii

About Child Custody Law in Hawaii, United States

Child custody in Hawaii centers around determining where a child will live and who has decision-making authority after a parental separation or divorce. The courts in Hawaii aim to decide custody arrangements based on what is in the best interests of the child, considering factors that promote the child's well-being, stability, and ongoing relationship with both parents whenever possible. Hawaii law recognizes both legal custody (the right to make key decisions about the child's upbringing) and physical custody (where the child lives). Custody can be awarded solely to one parent or shared jointly.

Why You May Need a Lawyer

While it is possible to resolve some custody matters without legal representation, many situations benefit from the help of a qualified attorney. You may need a lawyer if you are experiencing any of the following:

• Disagreements with your child's other parent about custody or visitation
• Concerns about your child's safety or allegations of abuse or neglect
• One parent wishes to relocate with the child, affecting the current custody arrangement
• You need to modify an existing custody or visitation order
• Complex family situations, such as issues involving paternity, same-sex parents, or grandparent visitation
• Concerns about the other parent's fitness or substance abuse issues
• Your case involves jurisdictional conflicts, such as a parent or child living in another state or country
• You are facing enforcement issues with a current court order

A lawyer can help you understand your rights, navigate the court process, present your case effectively, and protect your child's best interests.

Local Laws Overview

Hawaii's child custody laws are outlined in Hawaii Revised Statutes Chapter 571 and related family court rules. Some of the key features unique to Hawaii's approach include:

• Best Interests Standard: The court evaluates what arrangement will serve the child's safety, welfare, and happiness. Factors considered include the child's age, emotional needs, relationship with each parent, parents' ability to cooperate, and any history of family violence.
• Joint vs Sole Custody: The court can award joint legal and physical custody or sole custody, based on the circumstances. Joint custody encourages both parents to remain active in their child's life.
• Parental Conduct: The law prohibits the court from giving preference or granting custody based on a parent's gender. The court also reviews any evidence of domestic violence or substance abuse.
• Parenting Plans: Parents may submit a parenting plan to the court. If they cannot agree, the court will determine the custody arrangement.
• Mediation: Mediation is often required to help parents work out disagreements before proceeding to a contested hearing.
• Modification: Custody orders can be changed if there is a significant change in circumstances affecting the child's best interests.
• Relocation: A parent who wishes to move out of state or far from the other parent must get court approval if the move will significantly affect the current custody order.

Frequently Asked Questions

What is the difference between legal custody and physical custody?

Legal custody refers to who can make major decisions about the child's upbringing, such as schooling and medical care. Physical custody refers to where and with whom the child lives.

Can both parents share custody in Hawaii?

Yes, Hawaii encourages joint custody when it is in the best interests of the child. This means both parents share decision-making and time with the child.

How does the court decide what is in the best interests of the child?

The court considers many factors, including the child's relationship with each parent, their adjustment to home and school, physical and mental health of everyone involved, and any history of abuse or neglect.

Can a custody order be changed?

Yes. If there is a significant change in circumstances, such as a move or a change in the child's needs, either parent can request a modification of the custody order.

Do grandparents have custody or visitation rights in Hawaii?

Under certain circumstances, grandparents may petition for reasonable visitation rights if it is in the best interests of the child, especially if the parents are separated or one parent is deceased.

What if one parent wants to move out of Hawaii with the child?

If the move would impact the existing custody agreement, the parent must obtain court approval. The court evaluates how the move would affect the child's relationship with both parents.

What happens if there is evidence of domestic violence or abuse?

If the court finds evidence of abuse or domestic violence, this will weigh heavily against the abusive parent and may result in restrictions or supervised visitation.

Is mediation required in Hawaii custody cases?

Yes, most child custody cases in Hawaii require mediation to encourage parents to reach an agreement before the court makes a decision.

Do mothers get preference over fathers in Hawaii custody cases?

No. By law, Hawaii courts are prohibited from favoring one parent based on gender.

Can a child choose which parent to live with?

There is no specific age at which a child can decide. However, the court may consider the wishes of the child, depending on their age and maturity, as one factor among many.

Additional Resources

If you need more information or assistance, consider these resources:

• Hawaii Family Court - Handles all child custody matters in Hawaii
• Hawaii State Judiciary - Family Court Self-Help Centers
• Legal Aid Society of Hawaii - Offers free or low-cost legal services and advice
• Mediation Centers of Hawaii - Provides mediation services to help parents reach agreements
• Hawaii State Bar Association - Lawyer referral services for finding qualified family law attorneys

Next Steps

If you need help with a child custody issue in Hawaii, gather important documents related to your case, such as previous court orders, communication records, and information about your child's needs. Consider contacting a family law attorney who is experienced in Hawaii custody matters. You can consult the Hawaii State Bar Association for referrals or seek assistance from a Legal Aid office if you qualify. If you do not have an attorney, the Family Court Self-Help Center provides resources and guidance for self-represented parents. Taking prompt and informed action can help safeguard your child's well-being and your rights as a parent.