Child Custody in Hawaii
State-specific overview · Family Law
Hawaii prioritizes the best interests of the child and presumes joint custody is appropriate unless one parent is unfit.
How Hawaii treats Child Custody
Hawaii courts favor joint custody arrangements that allow both parents meaningful involvement in the child's life. The state uses a best-interests standard that considers factors like each parent's relationship with the child, stability, and ability to meet the child's needs. Hawaii courts may award sole custody only when joint custody would be detrimental to the child or when one parent is unable or unwilling to parent.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Hawaii.