Best Child Visitation Lawyers in Honolulu

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Ashford & Wriston, LLP.

Ashford & Wriston, LLP.

Honolulu, United States

Founded in 1695
30 people in their team
For more than 65 years, Ashford & Wriston has been trusted for its legal expertise in Hawaii. We have expanded our practice groups through...
English

About Child Visitation Law in Honolulu, United States

Child visitation laws in Honolulu, United States, focus primarily on the child's best interests. The courts consider several factors when deciding on suitable custodial and visitation arrangements, such as the child's age, parents' relationship, siblings, and each parent's ability to care for the child. Non-custodial parents are typically granted visitation rights unless it is believed that the visits will be harmful to the child.

Why You May Need a Lawyer

Several situations may necessitate the services of a lawyer specializing in child visitation matters. Foremost, you might need a lawyer to guide you through the initial process of establishing a child visitation order if you're newly separated or divorced. If the other parent is uncooperative or non-compliant with an existing order, a lawyer can help enforce your rights. Furthermore, if you need to modify an existing visitation order due to a change in circumstances, an attorney's guidance will be beneficial.

Local Laws Overview

Local laws in Honolulu lay emphasis on co-parenting, and courts often encourage both parents to become actively involved in their child's life post-divorce or separation. The 'Uniform Child Custody Jurisdiction and Enforcement Act' (UCCJEA) is followed in Honolulu that helps prevent conflicts related to jurisdiction between states. A parenting plan detailing the visitation schedule including holidays, weekends, and other important dates needs to be adhered to. In addition, supervised visitation may be ordered in cases where a parent's presence could potentially harm the child physically or emotionally.

Frequently Asked Questions

1. What are my rights as a non-custodial parent in Honolulu?

The non-custodial parent mostly has visitation rights, unless there is a reasonable belief that the child could be in danger. The right to access education, medical records, and the right to spend time with the child are generally included in these rights.

2. Can a custodial parent deny visitation rights if child support is not paid?

No, even if the non-custodial parent isn't paying child support, the custodial parent cannot legally deny them their visitation rights. These matters are separate in the eyes of Hawaii laws.

3. How is a visitation schedule determined?

A visitation schedule is typically determined by mutual agreement between parents, keeping the child's best interests in mind. However, if parents can't agree, a judge will set the visitation schedule.

4. Can the visitation schedule be changed?

Yes, visitation schedules may be modified if there is a significant change in circumstances, such as the child's needs, parental relocation, or changes in the parents' employment.

5. Who can help me with enforcing my visitation rights?

An experienced family law attorney can help represent your interests and enforce your visitation rights in court.

Additional Resources

The 'Family Court of the First Circuit' in Honolulu can be a great resource for information and assistance, including obtaining or modifying a visitation order. The 'Hawaii State Judiciary' website provides valuable resources like court forms, child visitation brochures, and guides. Non-profit organizations like the 'Hawaii State Bar Association' provide resources for legal assistance.

Next Steps

If you need legal assistance in child visitation, it's recommended that you consult with a family law attorney who specializes in this area. They can explain your rights and potential legal strategies, guide you through the court process, and represent you during negotiations or at trial if necessary. Preparing and maintaining a parenting plan could also be helpful.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.