Hawaii Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights

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This form is a petition to declare a child free from a parent's custody and control on the grounds of cruel treatment.
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FAQ

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.

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.

In Divorce and Paternity cases in Hawaii, reasonable visitation is usually awarded to the non-custodial parent. Visitation is usually awarded by agreement of the parties, or by the Hawaii Family Court after a trial or hearing.

When making a decision about custody, the judge must consider the: safety and well-being of the child; safety and well-being of the parent who is the victim of family violence; and. abuser's history of committing, or causing reasonable fear of, physical harm, bodily injury, or assault.

There are two types of child custody in Hawaii: physical and legal custody. "Physical custody" refers to where the child lives. A parent with physical custody lives in the same household as the child. If it serves a child's best interests, a judge may award parents shared physical, also called "joint physical custody".

Desertion of a child under 3 years of age for 6 months, desertion of a child older than 3 years for 1 year, proof of a series of abusive incidents involving one or more child, the child has been in the care and custody of a licensed child care agency which has attempted to implement a plan of return and the parent has ...

In determining how custody will be allocated between parents, a Hawaiian judge will evaluate the best interests of the child. A child's best interests will be assessed by reviewing factors that influence the health and overall well being of the child.

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

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Hawaii Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights