Custody

In most cases, an abuser cannot be granted custody or visitation if both of the following are true:

• The abuser was found guilty (criminally convicted) of rape or sexual assault in any state; and
• You became pregnant (conceived) as a result of that rape or sexual assault.¹

The abuser can only be granted custody or visitation if both of the following things happen after the abuser’s conviction:

• You and the abuser live together and create an environment where you both care for and parent your child; and
• You ask a judge to grant the abuser custody or visitation, and the judge finds that it would be in the child’s best interest.²

Note: The judge can still order the abuser to pay child support, even if custody and visitation are denied.³

¹ Haw. Rev. Stat. § 571-46(a)(17)
² Haw. Rev. Stat. § 571-46(a)(17)(C), (a)(17)(D) 
³ Haw. Rev. Stat. § 571-46(a)(17)(A), (a)(17)(B)