Custodia

An abuser cannot be granted custody or visitation of a child if:

• your child was conceived as the result rape or sexual against you; and
• the abuser was convicted of the crime of rape or sexual assault in any state.¹

However, even if the judge does not grant an abuser custody or visitation because your child was conceived through rape or sexual assault, the judge can still order the abuser to pay child support.²

Additionally, the abuser can be granted custody or visitation if after the abuser’s conviction:

• you and the abuser live together and create an environment where you both care for and parent the child; and
• you request that a judge grant the abuser custody or visitation and the judge finds that it would be in the child’s best interest.³

¹ HI ST § 571-46(a)(17)
² HI ST § 571-46(a)(17)(B)
³ HI ST § 571-46(a)(17)(C), (a)(17)(D)