Divorce Guide

Hawaii Divorce Custody

• One parent or both the parents may be awarded child custody if it is in the best interests of the child. Sole custody is awarded if the other parent is found to be involved in child abuse, child neglect or having indulged in domestic violence, physical violence etc and thus, his/her presence may be detrimental to the child.

• A non-parent, such as grandparents, or other adult who has been involved in the care of the child for a considerable period of time (as a result of which there is a bonding between that person and the child) may be awarded the custody of the child, if the natural parents are incapable or deemed unfit to raise the child.

• Hawaii courts are seen asking parental preferences to the child if the child is considered intelligent and mature enough to elaborate the reasons of his/her preferences. Judges handling such divorce custody cases try to determine if he child is under the influence of any of the parent while expressing his/her preferences.

• Courts may appoint a legal expert or an attorney to represent the interests of the child and to ensure that the child is not subjected to any kind of trauma as a result of court proceedings. The expenses of this guardian are either borne by the ex-spouses or by one of the parties.

• Hawaii divorce custody battles are settled with the judges analyzing any history of family violence, domestic violence or any criminal case against any of the parent. In such child custody cases, the parent who has such police records is not awarded child custody and sometimes even not be given visitation rights, if the judges find his/her influence to be detrimental to the child.

• Motion to modify child custody order can be filed in the courts. Here, a parent can ask the Hawaii courts to bring modifications in any clauses of child custody order can be made in the courts of Hawaii by any parent if he/she can prove that there is a substantial change in the circumstances. If the parent can prove that the best interests of the child are not being served owing to the custodian parent’s new relationship which has in turn, proved detrimental to the physical or mental growth of the child, then the earlier custody order can be repealed. Similarly, violation of visitation rights, alienation of the child from the other parent etc can be considered reasons enough to raise a motion to modify child custody order.

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