Hawaii USLegal Guide to How to Relinquish Custody

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Multi-State
Control #:
US-GDE-13
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Word; 
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Description

This guide provides an overview of how to give up parental rights. Topics covered include reasons for terminating rights, due process concerns, time deadlines, proving why termination is in the child's best interests, and state involvement in the termination process.

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  • Preview USLegal Guide to How to Relinquish Custody
  • Preview USLegal Guide to How to Relinquish Custody
  • Preview USLegal Guide to How to Relinquish Custody

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FAQ

If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.

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.

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.

If the modification is mutually accepted, it can be accomplished with a written agreement that becomes a court order upon approval by the court without a hearing, and if it is in the child's best interests, the request will typically be granted and legally enforceable.

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.

The parents or either parent or the surviving parent who desire to relinquish parental rights to any natural or adopted child and thus make the child available for adoption or readoption, may petition the family court of the circuit in which they or he or she resides, or of the circuit in which the child resides, or ...

Here's how to handle parental favoritism: Try not to take it personally. This is tricky: being rejected hurts, and it does feel personal. ... Don't put the emotional burden on your child. ... Validate their feelings, empathize, and reassure. ... Know when to let it go. ... Schedule one-on-one time with each adult. ... Be patient.

Speak with your child about why they don't want to visit. Approach the conversation from a position of understanding while still impressing upon them the importance of maintaining a healthy relationship with the co-parent. Allow them to express any feelings or concerns they may have without judgment.

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Hawaii USLegal Guide to How to Relinquish Custody