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EspañolWhat does “legal custody” mean in Hawai‘i?
In Hawai‘i, legal custody means the relationship that is created by the judge’s order. It gives the child’s custodian:
- the responsibility of having the child live with him/her;
- the duty to protect, train, and discipline the child; and
- the duty to provide the child with food, shelter, education, and ordinary medical care.1
Even if you have been given legal custody of your child, the other parent or a legal guardian may still have “residual parental rights and responsibilities.”1
1 Haw. Rev. Stat. § 571-2
What are “residual parental rights and responsibilities”?
Residual parental rights and responsibilities are the rights and responsibilities that one of the parents continues to have after legal custody or guardianship of the child has been transferred. If you have been granted legal custody, for example, it’s possible that the other parent still has some or all of the following rights and responsibilities:
- the right to reasonable visitation;
- the right to consent to adoption or marriage; and
- the responsibility to support the child.1
1 Haw. Rev. Stat. § 571-2
What is joint custody?
In Hawai‘i, joint custody means that both you and the other parent have legal custody of your child.
However, it doesn’t mean that you will automatically have joint physical custody. The judge can order that both parents have physical custody, or that only one of you does. If there’s joint physical custody, the child will live with both you and the other parent, according to a schedule laid out in a parenting plan. The parenting plan should allow both parents to have frequent, continuing, and meaningful contact with their child.1
1 Haw. Rev. Stat. § 571-46.1(b)
What does “meaningful contact” mean?
Meaningful contact means things a parent and a child do together to build their attachment and support their relationship. These activities should contribute to the child’s development in a positive and effective way.1
1 Haw. Rev. Stat. § 571-2
