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EspañolHow will a judge make a decision about custody and visitation?
A judge creates custody and visitation schedules based on what s/he believes is in a child’s best interests.1 Hawai‘i’s law outlines a number of best interest factors for a judge to consider. These factors include, but are not limited to:
- a parent’s history of sexually or physically abusing any child;
- a parent’s history of neglecting or emotionally abusing any child;
- the quality of the parent-child relationship;
- each parent’s history of caregiving or parenting the child before and after the relationship between the parents ended;
- the child’s physical, emotional, safety, and educational needs;
- the child’s need for a relationship with his/her siblings;
- each parent’s actions showing that s/he can separate the child’s needs from his/her own needs;
- any evidence of each parent’s past or current alcohol or drug abuse;
- each parent’s mental health;
- the reasons for, and level of, conflict present within the family; and
- if it has not been proven that one parent has committed family violence against the other parent, the judge will also consider:
- each parent’s cooperation in creating and carrying out a plan that meets the child’s needs, interests, and schedule; and
- each parent’s actions showing that s/he allows the child to continue a relationship with family members through family events and activities.2
The judge will also consider whether a parent has purposefully misused the protection from abuse process to try to gain an advantage in the custody process. However, the fact that a parent has chosen to dismiss a petition for a domestic abuse protective order is not enough on its own to prove that s/he has misused the process.
The judge cannot consider a parent’s disability as the only factor in his/her decision about custody or visitation. If the other parent says that your disability limits your parenting ability, s/he will need to prove it. S/he will have to present evidence showing a clear connection between:
- the disability; and
- the claim that you cannot be a good parent.3
1 Haw. Rev. Stat. § 571-46(a)(1)
2 Haw. Rev. Stat. § 571-46(b)
3 Haw. Rev. Stat. § 571-46.6
Can I change my custody order after it is issued?
The judge can change your custody order if s/he believes it would be in your child’s best interests to do so. Whenever possible, the same judge that issued the original custody order will decide whether or not to change it.1
1 Haw. Rev. Stat. § 571-46(a)(6)
If I move to a new state, can I transfer my child’s custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request a transfer of your custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page.
Keep in mind that parents often need to get permission from the judge or from the other parent to move their children out of state. Please talk to a lawyer before you leave the state. It’s important to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
