Child Custody Laws in Hawaii

Custody is awarded 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. The statute lists 16 factors, including any abuse or neglect, the quality of the parent-child relationship, caregiving history, each parent's cooperation, the child's physical, emotional, safety and educational needs, sibling relationships, substance abuse, mental health, and the level of family conflict. A finding of family violence by a parent creates a rebuttable presumption against giving that parent sole or joint custody. If a child is old enough to form an intelligent preference, the child's wishes are given due weight; no specific age is set.

Under the interstate custody law, a Hawaii court has temporary emergency jurisdiction if the child is present in Hawaii and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Hawaii order lasts only for the period the court sets so an order can be obtained from that state.

In divorces involving minor children on O'ahu (First Circuit), attendance at the Kids First program is mandatory; a date is assigned after the initial documents are filed. A $50 parent education surcharge is added to the filing fee when either spouse has minor children. A party alleging spousal abuse cannot be required to take part in mediation against their wishes.