Divorce Hawaii Custody

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Standards followed in Divorce Hawaii Custody

The courts in this state observe the following standards and considerations while taking a decision about child custody. They are based on Hawaii Revised Statutes 571-46.

• If the court reaches the conclusion that one of the parent has perpetrated family violence, then it means that the court thinks it is not in the best interests of the child to award any of the following to the perpetrator of family violence
  • Joint Physical Custody
  • Joint Legal Custody
  • Sole Custody
• As per the motion of the court or the request of any party, the court is willing to listen to the testimony of an expert or any person. However, the experience, knowledge, insight and skill of this person or expert should lead to a testimony that is relevant to a reasonable and just conclusion. This conclusion must be in accordance with the best spiritual, moral, mental and physical well being of the child
• Whenever there exists a good cause, the court can order a report or investigation pertaining to the welfare, care and custody of any minor child
• The court takes into account the wishes of the child regarding custody and offers these wishes due importance, if the following is true - the child is of adequate age and capacity to reason and form an intelligent preference
• The award of custody might be given to an individual other than the mother or father, if the court concludes that such an individual is in the best guardian for the child
• The court awards custody to one of the parents or to both parents as per the best interests of the child

Are fathers awarded Divorce Hawaii Custody?

In this state, any legal assumption does not exist that custody should be awarded to the mother. There have been cases in which the father had a better claim to custody. This sort of claim cannot be established on basis of a better residence or more money. However, the father must be able to provide for better spiritual, moral, mental and physical well being of the minor child.

In addition to the standards mentioned in the above section, the court also considers the following factors.

• The educational requirements of the child
• The security of the child
• The emotional and physical health requirements of the child
• Presence of any past record of emotional abuse or neglect of the child
• Prior to separation of the parents, what is the history of parenting and care giving of each parent?
• The overall quality of the relationship between the child and the parent
• The actions of each parent that prove that the parent permits the child to maintain family relations by means of attending family activities and events

Joint Child Custody

If the court awards this sort of custody, the following points should be adhered to.

• A plan must be developed that mentions the location and duration of the residence of the child as well as the schooling and activities of the child
• Both the father and mother are responsible for meticulously observing the above plan
• Due to this plan, each ex spouse knows where the child is currently and at what moment he/she would return
• In order to be prepared for any conflict pertaining to parental spending, both the ex spouses must maintain a record of the precise financial expenses related to the child

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