Custody

If a judge determines that a parent has committed an act of family violence, there is a “rebuttable presumption” against the abusive parent getting custody. This means that the judge should assume (“presume”) that neither of the following arrangements would be in the child’s best interests:

• joint custody; or
• sole custody with the abuser.¹

However, the abusive parent can present evidence to try to change the judge’s mind.¹

When the judge is making custody decisions, s/he must consider:

• the safety and well-being of both the child and the parent who is the victim of family violence; and
• the abuser’s history of committing physical harm, bodily injury, or assault, along with any history of causing you to reasonably fear that s/he will do any of those things to you.¹

Additionally, if a parent relocates because s/he is a victim of family violence, the judge cannot hold the victim’s relocation or absence against him/her.¹

¹ Haw. Rev. Stat. § 571-46(a)(9)