• US Legal Forms

Emergency Custody Order Hawaii With Child

State:
Hawaii
Control #:
HI-KH-002-19
Format:
PDF
Instant download
This form is available by subscription

Description

A19 Order Granting Ex Parte Motion for Immediate Temporary Sole Legal and Physical Custody of Parties' Minor Child

Emergency custody orders in Hawaii are court-issued directives that are designed to provide immediate protection and care for a child when their safety or well-being is at risk. These orders are typically temporary and are obtained in situations where immediate action is necessary. An Emergency custody order Hawaii with a child may be pursued in various circumstances, including cases of abuse, neglect, domestic violence, or when one parent poses a threat to the child's safety. These orders are meant to ensure that the child is promptly removed from a potentially harmful environment and placed in a safer setting, such as with a relative or in foster care. Different types of Emergency custody orders in Hawaii include: 1. Emergency Temporary Custody Order: This type of order grants temporary custody to a designated guardian or the Department of Human Services (DHS), allowing them to remove the child from the dangerous situation. It is often obtained without providing prior notice to the opposing party, due to the urgency of the situation. 2. Ex Parte Order: An Ex Parte Emergency custody order in Hawaii is obtained in emergency situations when immediate action is required to protect the child. It allows the court to make a decision without the presence or participation of the opposing party. However, a subsequent hearing is usually scheduled to allow the other party an opportunity to present their case. 3. Protective Custody Order: This order grants DHS the authority to assume temporary custody of the child, typically when serious allegations of abuse or neglect have been made. Protective custody orders aim to ensure the well-being of the child until a more permanent solution, such as a child custody hearing, can be arranged. 4. Temporary Restraining Order: In cases involving domestic violence or threats to the child's safety, a temporary restraining order (TO) may be sought. While a TO primarily focuses on the protection of the victim and can encompass child custody matters, it can also serve as an emergency measure to secure the child's immediate safety. It is important to note that Emergency custody orders in Hawaii are temporary and subject to review and modification by the court. Once issued, a formal hearing is typically scheduled to evaluate the circumstances further and determine the child's long-term custody arrangements. If you find yourself in a situation where an Emergency custody order Hawaii with a child is necessary, it is crucial to consult with an experienced family law attorney who can guide you through the legal process and ensure your child's best interests are protected.

Free preview
  • Preview A19 Order Granting Ex Parte Motion for Immediate Temporary Sole Legal and Physical Custody of Parties' Minor Child
  • Preview A19 Order Granting Ex Parte Motion for Immediate Temporary Sole Legal and Physical Custody of Parties' Minor Child

How to fill out Emergency Custody Order Hawaii With Child?

It’s obvious that you can’t become a legal expert immediately, nor can you figure out how to quickly draft Emergency Custody Order Hawaii With Child without having a specialized background. Creating legal forms is a long venture requiring a specific education and skills. So why not leave the preparation of the Emergency Custody Order Hawaii With Child to the specialists?

With US Legal Forms, one of the most extensive legal template libraries, you can find anything from court paperwork to templates for in-office communication. We know how crucial compliance and adherence to federal and state laws are. That’s why, on our website, all forms are location specific and up to date.

Here’s how you can get started with our platform and obtain the form you need in mere minutes:

  1. Find the form you need by using the search bar at the top of the page.
  2. Preview it (if this option available) and read the supporting description to determine whether Emergency Custody Order Hawaii With Child is what you’re searching for.
  3. Begin your search over if you need a different form.
  4. Register for a free account and choose a subscription plan to purchase the template.
  5. Choose Buy now. Once the transaction is through, you can download the Emergency Custody Order Hawaii With Child, complete it, print it, and send or mail it to the designated people or entities.

You can re-access your forms from the My Forms tab at any time. If you’re an existing customer, you can simply log in, and find and download the template from the same tab.

No matter the purpose of your forms-be it financial and legal, or personal-our platform has you covered. Try US Legal Forms now!

Form popularity

FAQ

Hawaii case law says that neither parent has the "upper hand" in a relocation case. That means that, just because a parent has sole legal or physical custody of their child, they do not have the authority to decide they will relocate with their child away from Hawaii.

Some of the circumstances under Hawaii state law in which the court will involuntarily terminate a parent's legal rights to their child include: If the parent surrendered care of the child to another person for at least two years. If the parent failed to communicate with the child for at least one year.

§ 583A-102 Definitions "Abandoned" means left without provision for reasonable and necessary care or supervision. "Child" means an individual who has not attained eighteen years of age.

Unlike many other states, Hawaii's child custody laws don't outline specific factors a judge should consider in a custody case. Instead, a judge must assess any factor that affects a child's safety, health, and well-being.

Short of that, there is no specific age under Hawaii law at which a child can choose his custodial parent. Hawaii statutes do provide that the ?preferences? of a child of ?suitable age and discretion? should be given ?due weight and deference? by the court.

Interesting Questions

More info

To complete this process, you will have to take the following steps (these steps are described in more detail in this packet):. 1. Yes.You file file an ordinary motion asking the HI court to establish a custody and parenting schedule. Learn about Hawaii child custody laws, including the types of child custody in HI, how custody is determined, and how you can modify custody orders. If there is no custody order. If a child is in immediate danger or harm, the state can grant emergency child custody to a relative or guardian. § -9 Temporary foster custody without court order. Temporary Child Support: A judge can set temporary child support based on the temporary custody and visitation schedule. How long do temporary orders last? Oklahoma to modify the Kansas order, seeking full custody of the child.

Trusted and secure by over 3 million people of the world’s leading companies

Emergency Custody Order Hawaii With Child