Jackie Kong, Esq.

Jackie Kong, Esq.

Hawaii Divorce and Family Law Attorney

Grandparents’ Rights in Hawaii: Can You Get Visitation or Custody?

May 11, 2025

In Hawaii, grandparents often play a meaningful role in a child’s life—providing love, guidance, and support. But when family relationships change due to divorce, separation, or the loss of a parent, grandparents may worry about losing access to their grandchildren. Fortunately, Hawaii law provides legal avenues for grandparents to seek visitation or custody, under specific circumstances.

This guide explains the legal rights of grandparents in Hawaii, when and how they can request visitation or custody, and what courts consider when making these important decisions.

Do Grandparents Have Legal Rights in Hawaii?

While grandparents do not have automatic visitation or custody rights, Hawaii law recognizes that maintaining a bond between grandparents and grandchildren can serve the child’s best interests. Therefore, Hawaii Revised Statutes §571-46.3 allows grandparents (and other interested parties) to petition the court for reasonable visitation or custody, but only under certain conditions.

When Can Grandparents Seek Visitation Rights in Hawaii?

A grandparent may petition for visitation if:

Courts give significant weight to the wishes of the parents, especially if both parents oppose visitation. However, if a grandparent can prove that visitation is in the best interests of the child, the court may grant visitation rights—even over parental objection.

What Do Hawaii Courts Consider When Evaluating Grandparent Visitation?

When deciding whether to grant a grandparent visitation petition, the court will evaluate:

Importantly, the burden is on the grandparent to show that denying visitation would be harmful to the child’s well-being.

Can Grandparents Get Custody of a Grandchild in Hawaii?

Yes, under limited circumstances, grandparents may petition for legal custody or even guardianship of a grandchild. This is usually granted when:

Hawaii courts prioritize the best interests of the child when determining custody. While parental rights are strongly protected, the court may award custody to a grandparent if it is determined that doing so is necessary for the child’s safety and well-being.

How to File for Visitation or Custody as a Grandparent in Hawaii

Step 1: File a Petition in Family Court

Grandparents seeking visitation or custody must file a formal petition in Hawaii Family Court, in the jurisdiction where the child resides.

Step 2: Serve Notice to Parents and Other Parties

All legal parents and any other guardians must be notified of the petition and given the opportunity to respond.

Step 3: Attend the Court Hearing

The court will schedule a hearing to evaluate the evidence. Both sides may present testimony and documentation to support their position. It’s highly recommended to work with a family law attorney to prepare your case.

Step 4: Await the Court’s Decision

If the court finds that visitation or custody by the grandparent is in the child’s best interests, it will issue an order granting those rights.

Can Grandparent Visitation Be Modified or Terminated?

Yes. Visitation orders can be modified or terminated if circumstances change. For example, if the grandparent violates the terms of the order or the child’s needs evolve, a parent may petition the court to adjust the arrangement.

Legal Support for Grandparents Seeking Custody or Visitation in Hawaii

Navigating family court can be complex, especially when parental rights are involved. If you’re a grandparent seeking visitation or custody of your grandchild, it’s important to:

 Preserving the Grandparent-Grandchild Bond

While grandparents do not have automatic rights under Hawaii law, they do have options to maintain a connection with their grandchildren when it matters most. Whether you’re seeking visitation to stay involved in your grandchild’s life, or custody to ensure they’re raised in a safe and stable home, understanding your legal options is the first step.

If you’re a grandparent in Hawaii facing challenges in maintaining your relationship with your grandchild, consult with an experienced family law attorney to explore your rights and protect the best interests of your family.

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Jackie Kong, Esq.

Jackie Kong, Esq., a Hawaii Divorce and Family Law Attorney

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