Co-Parenting App for Hawaii Parents

What Hawaii courts consider in custody decisions

Hawaii courts consider the child's relationship with each parent, the history of caregiving and nurturing by each parent, each parent's cooperation in developing a plan that meets the child's needs, the physical health needs of the child, the emotional needs of the child, the safety needs of the child, the educational needs of the child, and each parent's support of the child's relationship with the other parent. Under § 571-46(a)(9), when a court finds that family violence has been committed by a parent, there is a rebuttable presumption that it is detrimental to the child and not in the child's best interest to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence.

How the custody process works in Hawaii

Hawaii custody cases are filed in Family Court, which has exclusive jurisdiction over all family matters in each circuit. Parents in contested cases may be ordered to mediation and must participate in a parenting education program. Hawaii's family violence presumption is one of the strongest in the nation — a parent found to have committed domestic violence must demonstrate by a preponderance of the evidence that custody with them would not be detrimental. The court may appoint a guardian ad litem or a custody evaluator to assist in making its determination.

Key Hawaii custody statutes

• Haw. Rev. Stat. § 571-46
• Haw. Rev. Stat. § 571-46.1
• Haw. Rev. Stat. § 571-46.4