Hiring a Child Custody Lawyer in Hawaii
How courts in Hawaii decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in Hawaii: fee rules
| Rules on contingency fees | Hawai'i requires the scope, fee basis or rate and expenses to be communicated in writing (except for regularly represented clients or matters costing $250 or less), and fee agreements may not call any fee non-refundable or earned on receipt. A contingent fee agreement must be in a writing signed by the client stating how the fee is figured, including percentages on settlement, trial or appeal, which expenses are deducted and whether before or after the fee is calculated, and clearly telling the client which expenses they owe regardless of outcome; at the end the lawyer must give a written statement of the outcome and the client's share. Under Rule 1.5(e), contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | Fee disputes are usually not handled by the lawyer discipline system unless a fee appears clearly unreasonable; they are referred to the Hawai'i State Bar Association's voluntary Fee Dispute Program, which is limited in scope and jurisdiction. Contact the program liaison at 808-792-7350 to see whether a dispute qualifies; forms come from the liaison. Mailing address: HSBA Fee Dispute Program, 1100 Alakea Street, Ste. 1000, Honolulu, HI 96813. |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection, created by the Hawai'i Supreme Court in 1981 and funded by an annual attorney fee, is a last resort for clients who lost money, property or other value through a Hawai'i lawyer's dishonest conduct (such as embezzlement, refusing to refund unearned fees, or borrowing with no intent or ability to repay). The lawyer generally must be deceased, bankrupt, incompetent, disbarred, suspended or resigned, convicted, gone from Hawai'i, or subject to a judgment for dishonest conduct. Negligence, malpractice and fee or service-quality disputes are not covered. Limits: up to $100,000 per claimant or $300,000 per attorney. The Judiciary page says claims must be filed within two years of the loss. Five Supreme Court-appointed trustees decide claims with help from ODC. |
Hawaii rules to know first
| How custody is decided | 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. Source: HRS § 571-46 |
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| Emergency custody | 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. Source: Haw. Rev. Stat. § 583A-204 |
| Parenting classes | 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. Requirements on the other islands were not confirmed. |
| Grandparents' rights | A grandparent may petition for reasonable visitation only if Hawaii is the child's home state, the grandparent's own child (the child's parent) cannot exercise visitation because of incarceration or death, and denying visitation would cause significant harm to the child. The parent's or custodian's decision is presumed to be in the child's best interest unless rebutted by clear and convincing evidence of significant harm. Source: HRS § 571-46.3 |
Find and check a lawyer
| Lawyer referral service | The Hawaii State Bar Association's Lawyer Referral & Information Service (LRIS) gives you the names and contact information of panel attorneys who handle your type of matter. "The referrals are free"; you contact the referred attorney to learn whether they can help and to arrange their terms and costs. Phone (808) 537-9140, email LRIS@hsba.org, Monday-Friday 8:30 a.m.-4:30 p.m. |
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| Check that the lawyer is licensed | The Hawai'i State Bar Association (HSBA) Member Directory lists every lawyer licensed to practice law in Hawai'i. Search by first and last name; each profile shows basic contact information and whether the attorney can actively practice law in Hawai'i. The HSBA notes that using "Esq." does not mean a person is licensed. |
| Check discipline history or file a complaint | Complaints about Hawai'i lawyers go to the Office of Disciplinary Counsel (ODC) of the Disciplinary Board of the Hawai'i Supreme Court. Use ODC's optional sample form or a letter (one per lawyer), sign it, and mail or deliver the original to ODC, 201 Merchant Street, Suite 1600, Honolulu, HI 96813; fax and email are not accepted. Include the lawyer's name, the facts and dates, and any case number; send copies, not originals, of documents. Investigations are free to the complaining party and there is no filing deadline, though filing early is advised. Outcomes include dismissal, a private informal admonition or formal charges; serious sanctions are decided by the Hawai'i Supreme Court. The Disciplinary Board posts lists of disciplined and inactive attorneys. ODC: (808) 521-4591 or toll-free (888) 206-5622. Disciplined and inactive attorneys: https://dbhawaii.org/disciplined-hawaii-attorneys/ |
Free legal help
| Free legal aid | For people who cannot afford a lawyer, the Hawaii Judiciary lists the Legal Aid Society of Hawaii (the state's LSC-funded legal aid organization), which helps with divorce, public benefits, landlord-tenant and consumer problems: Oahu (808) 536-4302, Neighbor Islands toll-free 1-800-499-4302. Volunteer Legal Services of Hawaii helps with landlord-tenant, wills, domestic violence, divorce and other family matters: Oahu (808) 528-7046, Neighbor Islands toll-free 1-800-839-5200. The Judiciary also runs Self-Help Centers and Access to Justice Rooms. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.