Navigating the process of custody and visitation can be challenging for any family, especially when the legal system and family dynamics come into play. If you are a parent going through a divorce or separation in Hawaii, understanding how custody and visitation work in the state is crucial to ensuring the best outcome for your child. In this blog, we’ll explore the basics of custody and visitation in Hawaii, helping you better understand your rights, responsibilities, and how the court makes decisions that prioritize the child’s well-being.

1. Types of Custody in Hawaii

In Hawaii, there are two main types of custody that the court may award: legal custody and physical custody. Each plays a unique role in determining the responsibilities of each parent.

• Legal Custody: This refers to the authority to make important decisions regarding the child’s upbringing, including their education, healthcare, and religious practices. Legal custody can be awarded as joint legal custody, where both parents share decision-making responsibilities, or sole legal custody, where only one parent has the authority to make major decisions for the child.
• Physical Custody: This relates to where the child will live on a day-to-day basis. Similar to legal custody, physical custody can be awarded as joint physical custody, where the child spends time living with both parents, or sole physical custody, where the child primarily resides with one parent while the other parent may have visitation rights.

2. How Does the Court Determine Custody?

The primary factor the court considers when determining custody in Hawaii is the best interest of the child. This means the court’s decision is guided by what will promote the child’s overall well-being, safety, and stability. Some key factors that the court evaluates include:

• The relationship between the child and each parent
• The emotional, educational, and medical needs of the child
• The ability of each parent to provide a safe, stable home environment
• The child’s preference, if the child is of a sufficient age and maturity
• The willingness of each parent to foster a positive relationship with the other parent
• Any history of domestic violence, abuse, or neglect

The court aims to encourage both parents to have meaningful involvement in their child’s life, and joint custody is often awarded if it is in the child’s best interest.

3. Visitation Rights in Hawaii

Even when one parent is awarded sole physical custody, the non-custodial parent typically receives visitation rights, ensuring they maintain a relationship with the child. Visitation arrangements can vary depending on the specifics of the family situation and the best interests of the child.

• Standard Visitation: This typically includes regular time with the child, such as weekends, holidays, or extended time during school breaks.
• Supervised Visitation: In cases where there are concerns about the child’s safety, the court may order that visits take place under the supervision of a neutral third party, such as a family member or a court-appointed supervisor.
• No Visitation: In extreme cases, such as when there is a history of abuse or endangerment, the court may deny visitation rights to a parent.

It’s important to note that visitation is not contingent on the payment of child support. Even if the non-custodial parent falls behind on child support payments, they are still entitled to visitation unless the court rules otherwise for reasons related to the child’s well-being.

4. Creating a Parenting Plan

In Hawaii, parents are encouraged to work together to create a parenting plan that outlines custody arrangements, visitation schedules, and how decisions regarding the child will be made. A well-drafted parenting plan can help reduce conflict and ensure that both parents remain actively involved in their child’s life.

A typical parenting plan includes:

• Custody arrangements (legal and physical)
• A detailed visitation schedule (weekends, holidays, vacations)
• Provisions for decision-making regarding the child’s education, healthcare, and other major aspects of their life
• Dispute resolution methods, such as mediation, to handle any future disagreements

5. Modification of Custody and Visitation Orders

Custody and visitation orders are not set in stone. If circumstances change significantly, either parent can request a modification to the existing order. For example, if one parent moves out of state, or if there is a change in the child’s needs or the ability of a parent to provide care, the court may modify the custody or visitation arrangement.

However, to modify an existing order, the parent requesting the change must demonstrate that the modification is in the best interest of the child.

6. Relocation and Custody in Hawaii

Relocation can complicate custody and visitation arrangements. If a parent with primary physical custody wants to move to another island or out of state, they must provide notice to the other parent and obtain court approval. The court will consider how the move impacts the child’s relationship with the non-custodial parent and whether the relocation is in the child’s best interest.

7. The Role of Mediation in Custody Disputes

In Hawaii, mediation is often encouraged in custody disputes as a way for parents to come to an agreement outside of court. A neutral mediator helps parents discuss their concerns and reach a compromise that works for both parties. Mediation can save time and reduce stress compared to a court battle, and it helps parents retain control over the decisions regarding their child, rather than having the court make those decisions.

Putting Your Child First

Custody and visitation decisions in Hawaii revolve around the child’s best interests. Whether you are working on a parenting plan or navigating a custody dispute, it’s essential to keep the focus on what’s best for your child. By understanding Hawaii’s custody and visitation laws, you can ensure that you and your co-parent are making decisions that support your child’s well-being and future.

If you’re facing custody or visitation issues, consult with a family law attorney in Hawaii to help guide you through the legal process and protect your rights as a parent.