This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Hawaii USLegal Guide to Temporary Custody
State:
Multi-State
Control #:
US-GDE-05
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Word;
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FAQ
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.
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".
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.
In virtually all instances, a parent needs permission from the other parent to move away from Hawaii with the children, or a court order saying they can go.
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.
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.
Unmarried Parents Can Seek Joint Custody in Hawaii In Hawaii, the courts often grant joint custody agreements unless it is not in the child's best interests to maintain a relationship with one parent. If that is the case, the court will then award sole custody to one parent.
There is no specific age to consider the child's wishes on custody in Hawaii. A child's custodial preference can be considered at any age as long as they are able to make an independent, well-reasoned decision. Judges watch for signs that a child is coerced to make a decision.