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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.