Child Custody

Custody goes to either or both parents according to the best interests of the child, and the court may consider frequent, continuing and meaningful contact with each parent. A child of sufficient age and capacity to form an intelligent preference has those wishes considered and given due weight.

• The court considers any history of abuse or neglect, the quality of each relationship, each parent's caregiving and cooperation, the child's physical, emotional, safety and educational needs, ties to siblings, substance abuse, mental health, and conflict in the family.
• A finding that a parent committed family violence raises a rebuttable presumption against sole or joint custody with that parent, and the child's and the victim's safety is the primary factor.
• Reasonable visitation goes to parents, grandparents, siblings and others interested in the child's welfare, unless it is detrimental to the child.
• Custody may be modified whenever the child's best interests require it.

• §HRS 571-46StatuteCriteria and procedure in awarding custody and visitation; best interest of the childOpens data.capitol.hawaii.gov ↗

Joint custody, on either parent's application, may give both parents legal custody and share physical custody under a parenting plan, or give joint legal custody alone. In a contested case each side files a parenting plan at the outset, and where they cannot agree the court may order mediation and counseling, unless there has been family violence.

• §HRS 571-46.1StatuteJoint custodyOpens data.capitol.hawaii.gov ↗
• §HRS 571-46.5StatuteParenting plansOpens data.capitol.hawaii.gov ↗