Updated January 23, 2024
A Hawaii custody (parenting) plan outlines the proposed delegation of parental responsibilities, visitation, decision-making authority, and other terms relating to childcare in the event of a divorce or separation. Both the legal and physical custody of a minor child is determined in a court-approved custody plan, which remains in place until the child turns 18 or is modified due to a significant change in circumstances.
Child Custody Factors
Hawaii family courts consider a number of factors (§ 571-46(b)) when determining a custody ruling that is in the best interest of the child, including:
- Any history of physical, mental, or sexual abuse of a child by a parent
- Overall quality of each parent’s relationship with the child
- Each parent’s cooperation in developing and implementing a plan to meet the child’s ongoing needs, interests, and schedule
- The physical, emotional, safety, and educational needs of a child
- Each parent’s mental health and history of substance abuse
Table of Contents |
How to File for Custody in Hawaii
1. Agree on a Parenting Plan
Hawaii courts require the parents of any contested child custody case to submit a proposed parenting plan.[1] The proposed parenting plan may be filed jointly or separately, outlining parental responsibilities and decision-making processes.
2. Calculate Child Support
In Hawaii, child support is calculated using the state’s child support guidelines.[2] Factors that are considered by the court when determining the amount of child support include the income and earnings potential of both parents, the needs of the child, whether other children are under the parents’ care, and whether the standard of living can be balanced for both parents.
Use the Child Support Guidelines Worksheet to estimate the amount of child support that will be ordered by the court.
3. Complete and File the Form
Fill out a court-issued parenting plan form. After completing the form, the original document should be filed with the court electronically or in person at a local Family Court.
4. Attend the Hearings
Each party should prepare testimonies and bring any written documentation that helps to prove their position, such as police reports or medical reports.
5. Receive Court Order
If the parties still have not reached an agreement at the conclusion of the hearing, the court may order the parties to participate in alternative dispute resolution or counseling with a professional. The court may also develop and file a detailed parenting plan as it sees fit.[3]
Custody Laws
- Child’s preference: A child of “sufficient age and capacity to reason” will be able to weigh in on the court’s decision (§ 571-46(a)(3))
- Grandparents’ visitation rights: § 571-46.3
- Parents’ visitation rights: § 571-46
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 31, Chapter 583A
Related Forms
