Custody in Hawaii.
The starting point the law actually sets, what the judge has to weigh, and the deadlines that catch people out.
See a different stateHawaii
Joint custody in Hawaii is entirely discretionary. HRS § 571-46.1(a): "Upon the application of either parent, joint custody may be awarded in the discretion of the court." There is no presumption of joint legal custody, no presumption of joint physical custody, and no presumption of equal time. HRS § 571-46(a)(1) says custody "should be awarded to either parent or to both parents according to the best interests of the child, and the court also may consider frequent, continuing, and meaningful contact of each parent with the child unless the court finds that a parent is unable to act in the best interest of the child" — note that "may consider," not "shall presume."
Use the state’s own words
Hawaii still uses "custody" and "visitation," but pairs them with two other terms you will meet immediately: "parenting plan" (HRS § 571-46.5) and "child custody evaluator" (HRS § 571-46(a)(4)). "Joint custody" is a defined term under HRS § 571-46.1(b).
How Hawaii decides
Decisions against where the child lives
HRS § 571-46.1(b): "'joint custody' means an order awarding legal custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents, pursuant to a parenting plan developed pursuant to section 571-46.5, in such a way as to assure the child or children of frequent, continuing, and meaningful contact with both parents; provided, however, that such order may award joint legal custody without awarding joint physical custody." That last clause is the important one — Hawaii expressly allows joint decision-making without shared residence.
What the judge must weigh
HRS § 571-46(b) requires the court to consider, but is not limited to: (1) any history of sexual or physical abuse of a child by a parent; (2) any history of neglect or emotional abuse of a child by a parent; (3) the overall quality of the parent-child relationship; (4) the history of caregiving or parenting by each parent prior and subsequent to a marital or other type of separation; (5) each parent's cooperation in developing and implementing a plan to meet the child's ongoing needs, interests, and schedule — but this factor shall not be considered in any case where the court has determined that family violence has been committed by a parent; (6) the physical health needs of the child; (7) the emotional needs of the child; (8) the safety needs of the child; (9) the educational needs of the child; (10) the child's need for relationships with siblings; (11) each parent's actions demonstrating that they allow the child to maintain family connections through family events and activities — again not considered where family violence has been found; (12) each parent's actions demonstrating that they separate the child's needs from the parent's needs; (13) any evidence of past or current drug or alcohol abuse by a parent; (14) the mental health of each parent; (15) the areas and levels of conflict present within the family; and (16) a parent's prior willful misuse of the protection-from-abuse process under chapter 586 to gain a tactical advantage, which may be considered only on clear and convincing evidence and only where the court further finds by clear and convincing evidence that the misuse shows the parent will not be able to cooperate in shared responsibilities going forward. Separately, HRS § 571-46(a)(2) provides that a person who has had de facto custody of the child in a stable and wholesome home and is a fit and proper person "shall be entitled prima facie to an award of custody," even if not a parent.
What the child wants
No age is set. HRS § 571-46(a)(3): "If a child is of sufficient age and capacity to reason, so as to form an intelligent preference, the child's wishes as to custody shall be considered and be given due weight by the court." Note the wording is mandatory once the child meets that description — the court "shall" consider and give due weight — but the test is the child's reasoning capacity, not a birthday.
Where there has been violence or abuse
HRS § 571-46(a)(9): "a determination by the court that family violence has been committed by a parent raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence." Where the court has found family violence, it "shall consider as the primary factor the safety and well-being of the child and of the parent who is the victim," and shall consider the perpetrator's history of causing physical harm, bodily injury, or assault or causing reasonable fear of the same. A finding of family violence also switches off two of the best-interest factors — cooperation in developing a plan (§ 571-46(b)(5)) and allowing the child to maintain family connections (§ 571-46(b)(11)) — so a parent cannot be penalized on those grounds for protecting themselves.
The paperwork and the people
The parenting plan
Yes, and early. HRS § 571-46.5(a): "For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file the plan at the outset of the action." A general plan may be a broad outline of parental responsibilities and parenting time; a detailed plan may cover the residential schedule, holiday, birthday and vacation planning, parental decision-making and responsibility, breastfeeding where applicable, and information sharing and access, among other things (§ 571-46.5(c)). We did not confirm a single statewide official parenting-plan form; ask the Family Court clerk on your island which form they use.
If the court appoints someone to look into it
HRS § 571-46(a)(4): "Whenever good cause appears therefor, the court may require an investigation and report concerning the care, welfare, and custody of any minor child of the parties," performed by court-attached investigators or professionals "hereinafter referred to as child custody evaluators." The report goes to all parties and counsel before the hearing and may be received in evidence, provided the person responsible for it is available for cross-examination. The qualifications, standards of practice, and ethics for court-appointed child custody evaluators are set under HRS § 571-46.4, and where no qualifying evaluator is available — including for indigent parties — the court may appoint another willing person. Separately, HRS § 571-46(a)(8) lets the court "appoint a guardian ad litem to represent the interests of the child and may assess the reasonable fees and expenses of the guardian ad litem as costs of the action, payable in whole or in part by either or both parties as the circumstances may justify."
Moving away
What you must do before you move
We could not confirm a notice period or a distance trigger for this state. That does not mean there is no rule — in several states it comes from court decisions rather than a statute. Get advice before you move, not after.
Later on
Changing the order
Hawaii's statutory standard is strikingly open. HRS § 571-46(a)(6): "Any custody award shall be subject to modification or change whenever the best interests of the child require or justify the modification or change and, wherever practicable, the same person who made the original order shall hear the motion or petition for modification of the prior award." There is no statutory waiting period and no express requirement of a material change in circumstances in the text. For joint custody specifically, HRS § 571-46.1(c) allows modification or termination "upon the petition of one or both parents or on the court's own motion if it is shown that the best interests of the child require modification or termination."
Two things are worth knowing before your first hearing. First, Hawaii wants your parenting plan at the START of a contested custody case, not at the end — HRS § 571-46.5(a) says both parents "shall" file one, together or separately, "at the outset of the action." Showing up without one puts you behind. Second, the modification standard in HRS § 571-46(a)(6) is written more loosely than in most states: the statute says a custody award can change "whenever the best interests of the child require or justify" it, with no waiting period written into the law. In practice that cuts both ways — it can be easier to go back to court here, and easier for your co-parent to do the same. One more: Hawaii's best-interest list leads with abuse and neglect history, and a finding of family violence not only creates a presumption against custody for the perpetrator, it also switches off the "are you cooperative?" factors so a protective parent is not punished for refusing to co-parent closely.
What we could not confirm
- We could not confirm any Hawaii statute setting a notice period or distance trigger for moving away with a child. Chapter 571 of the Hawaii Revised Statutes, which holds the custody law, does not appear to contain a relocation section — in Hawaii this is largely governed by court decisions and by whatever your own decree says. Read your existing order carefully and ask the Family Court before you commit to a move, especially off-island. We also could not confirm whether mediation is required before a contested custody hearing, or the exact statute governing custody when the parents were never married and paternity has not yet been established. Call the Family Court self-help center for your circuit and ask both questions directly; the answers may differ by island.
- 2 official pages we tried to read refused automated access. We did not try to get around that, so some detail above was read from a different official source — a published court opinion quoting the statute, or the court’s own forms and instructions.
Compare all fifty states
Where 50/50 really is the default, and the twenty-six states where nothing is presumed.
And the money side
How Hawaii calculates child support, and the overnight number that changes it.