Divorce Hawaii Custody

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Divorce has a grave impact on children in the whole process of marital dissolution. Often, it is seen that the family disintegration leads to mental and emotional disturbances among all the family members. Thus, it is necessary to take wiser steps for ensuring that your kids will suffer as little as possible. Hawaii custody rules after divorce observe the preferences and interests of the child by the court.

Standards followed in Divorce Hawaii Custody

The courts in this state observe the following standards and considerations while taking a decision on child custody. They are based on State Revised Statutes 571-46.

• If the court reaches a conclusion that one of the parent has perpetrated family violence, then the court will decide that it is not in the best interests of the child to award any of the following to the partner responsible for such behavior:
  • Joint Physical Responsibility
  • Joint Legal Rights
  • Sole Guardianship
• As per the motion of the court or the request of any party, the court is willing to listen to the testimony of an expert or any person. However, the experience, knowledge, insight and skill of this person or expert should lead to a testimony that is relevant to a reasonable and just conclusion. This conclusion must be in accordance with the welfare of the child regarding various aspects including social, economical, cultural, and moral issues.
• If there exist a good cause, the court can order a report or investigation pertaining to the welfare and care of any minor one. These investigations are to be done by a legally authorized person in this field.
• The court takes into account the desires of the child regarding parenting plan and offers these wishes due importance, if the kid is of adequate age and capacity to reason and form an intelligent preference.
• The guardianship may be awarded to an individual other than the mother or father, if the court concludes that such an individual is the best guardian.
• The court awards legal rights to one of the parents or to both parents as per the best interests of the child.

Are fathers awarded Custody in Hawaii?

In this state, any legal assumption does not exist that custody should be awarded to the mother. There have been cases where the father had a better claim. This sort of claim cannot be established on the basis of a better residence or more money. However, the father must be able to provide better spiritual, moral, mental and physical well being of the minor one.

In addition to the standards mentioned in the above section, the court also considers the following factors:

• The educational requirements.
• The security of the kids.
• The emotional and physical health requirements.
• Presence of any past record of emotional abuse or neglect of the child.
• Prior to separation of the partners, what is the history of parenting and care given to the children?
• The overall quality of the relationship between all family members.
• The actions of each spouse that prove that he or she permits the child to maintain family relations by means of attending family activities and events.

In Hawaii, the state does not have an automatic presumption about a specific parent is to be preferred for the guardianship. The sole important factor is the welfare and development of the kids.

Joint Custody

If the court awards this sort of guardianship, the following points should be adhered to:

• A plan must be developed that mentions the location and duration of the residence of the child as well as the schooling and activities.
• Both the father and mother are responsible for meticulously observing the above plan.
• Due to this plan, each ex spouse knows where the child is and at what moment he/she would return.
• In order to be prepared for any conflict pertaining to parental spending, both the ex spouses must maintain a record of the precise financial expenses related to the upbringing.

It is important to note that, the courts in this state issue the court order only on the basis of jurisdictional power and state laws. Therefore, a result may vary from case to case, taking into account the relevant circumstances. Partners must be acquainted with the custody rules before applying for the same. This information can be provided by the legal experts or attorneys in this state.

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