Hawaii courts use the "best interest of the child" standard to make child custody decisions. Specifically, judges refer to Hawaii Revised Statutes 571-46 (1) which says:
Custody should be awarded to either parent or to both parents according to the best interests of the child, and the court also may consider frequent, continuing, and meaningful contact of each parent with the child unless the court finds that a parent is unable to act in the best interest of the child.
How Courts Make Child Custody Decisions in Hawaii
Hawaii law directs the court to consider the following list of specific factors when deciding what is in the best interest of a child:
- the child’s wishes, taking into account the child’s age and maturity
- any history of family violence by a parent
- any history of sexual or physical abuse of a child by a parent
- any history of neglect or emotional abuse of a child by a parent
- the overall quality of the parent-child relationship
- each parent’s history of caregiving before the separation
- each parent’s cooperation in developing and implementing a plan to meet the child’s ongoing needs, interests, and schedule (this factor won’t be considered in any case where the court determines that a parent has committed family violence)
- the physical health needs of the child
- the emotional needs of the child
- the safety needs of the child
- the child’s need for relationships with siblings
- each parent’s actions demonstrating that they allow the child to maintain family connections (this factor won’t be considered in any case where the court determines that a parent has committed family violence)
- each parent’s actions demonstrating that they separate the child’s needs from the parent’s needs
- any evidence of past or current drug or alcohol abuse by a parent
- the mental health of each parent
- the areas and levels of conflict in the family
- a parent’s prior willful misuse of the protection from abuse process (available under Hawaii law) to gain a tactical advantage in a custody proceeding.
Hawaii law gives judges a lot of flexibility to establish parental rights and responsibilities based on the child’s best interests. In addition to the guidelines provided by state statutes, the court may consider any other factors the judge finds relevant to the situation.
Court Should be Your Last Resort
Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.
More Information
Studying the law. This article summarizes the key factors courts use to make custody decisions in Hawaii. That said, family law is a complicated subject and laws do change. We recommend that you read the full version of Hawaii Statutes Section 571-46.
Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Idaho law applies to your specific circumstances.
How to Find a Child Custody Lawyer in Hawaii
Finding your local family court. In Hawaii, family law cases are handled in the county circuit courts. Be sure to take advantage of any self-help resources your court offers.