When a parent is unable to care for their child due to illness, incarceration, addiction, or other life circumstances, another responsible adult—often a family member—may step in to provide care. In Hawaii, this arrangement can be formalized through legal guardianship, which grants a non-parent the legal authority to make decisions on behalf of a minor.

If you’re considering becoming a guardian for a child in your care, this guide will walk you through how to file for guardianship of a minor in Hawaii, including eligibility, court procedures, and what to expect during the process.

What Is Guardianship of a Minor in Hawaii?

Legal guardianship allows a person other than the child’s parent to make important decisions for a child under the age of 18. These decisions may involve:

• Education and school enrollment
• Medical care and health insurance
• Housing and everyday needs
• Legal and financial matters

Guardianship does not terminate the parental rights of the biological parents, but it does shift legal responsibility to the guardian for the duration of the guardianship.

When Is Guardianship Necessary?

Guardianship may be necessary if:

• A parent is temporarily or permanently unable to care for their child
• There is no existing custody order in place
• A non-parent needs legal authority to make decisions for a child
• The child is in danger or facing neglect

Common situations include grandparents, aunts, uncles, or close family friends stepping in to provide stability and care.

Types of Guardianship in Hawaii

In Hawaii, there are two primary types of guardianship for minors:

1. Voluntary Guardianship

The child’s parent(s) voluntarily agree to grant guardianship to another adult. This process is often quicker and less contentious, as all parties are in agreement.

2. Involuntary Guardianship

A non-parent seeks guardianship without the consent of one or both parents. This usually occurs when the parents are unfit or absent. The court must determine that guardianship is in the child’s best interests.

Steps to File for Guardianship of a Minor in Hawaii

Step 1: Determine Eligibility

To become a guardian, you must be:

• At least 18 years old
• A resident of Hawaii
• Capable of providing for the child’s physical, emotional, and educational needs

You do not need to be a relative, but the court will prioritize placement with family if possible.

Step 2: File a Petition with Family Court

You must file a Petition for Appointment of Guardian of a Minor in the Family Court of the circuit where the child resides. Required forms include:

• Petition for Guardianship
• Child’s birth certificate
• Notice of hearing
• Affidavit of the petitioner
• Consent forms (if applicable) from the parents

You can obtain these forms from the Hawaii State Judiciary website or in person at the Family Court.

Step 3: Notify Interested Parties

You are required to serve notice of the guardianship petition and hearing to:

• The child’s biological parents
• The child (if age 14 or older)
• Other legal guardians or interested parties

Service of process must comply with Hawaii’s legal notice rules.

Step 4: Attend the Court Hearing

The court will schedule a hearing to review the petition. During the hearing, the judge will:

• Confirm the suitability of the proposed guardian
• Ensure that guardianship is in the child’s best interest
• Review any objections from parents or other parties

The judge may also request background checks or home visits depending on the situation.

Step 5: Receive the Court’s Decision

If the court approves the petition, a Guardianship Order will be issued, granting the guardian legal authority over the child. This order should be kept on file and shown when enrolling the child in school, obtaining healthcare, or managing other legal affairs.

How Long Does Guardianship Last?

In Hawaii, guardianship typically lasts until the child turns 18 unless:

• The guardian resigns and a new guardian is appointed
• The court revokes guardianship
• The biological parent petitions for reinstatement and is deemed fit

Guardians are required to provide periodic updates to the court, particularly in long-term guardianship cases.

Can Guardianship Be Contested?

Yes. A biological parent or other interested party can challenge guardianship by:

• Filing an objection to the petition
• Providing evidence that guardianship is not in the child’s best interests
• Petitioning to terminate or modify an existing guardianship

The court will always consider the child’s well-being first, and a family law attorney can help present a strong case.

Providing Stability Through Guardianship

Filing for guardianship of a minor in Hawaii is a meaningful way to provide safety, support, and legal protection for a child in need. Whether temporary or long-term, legal guardianship gives you the ability to make important decisions and offer a stable home.

If you’re considering guardianship, consult with a Hawaii family law attorney to ensure the process is handled properly and your petition aligns with the legal standards of the Family Court.

Taking the right steps today can make a life-changing difference for a child’s future.