Kailua Kona, HI asked in Child Custody and Child Support for Hawaii

Q: In the state of Hawaii, can a non-custodial parent relinquish their rights to children and not pay support?

non-custodial parent does not see children unless mother says yes. Total days seen in 2016=4. Father was unable to keep visitation schedule made by mother because of work schedule and children's school/sport schedule and children live 24.5 miles approximately a 2 hour drive to and from. Mother is unemployed and fully capable of working, but refuses and states "she deserves to stay home"

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1 Lawyer Answer
Gavin Kazuo Doi
PREMIUM
Gavin Kazuo Doi
Answered
  • Divorce Lawyer
  • Honolulu, HI
  • Licensed in Hawaii

A: The brief answer is that a non-custodial parent cannot relinquish/terminate their rights to their child, nor their child support obligation. The only two exceptions would be (1) the State (through Child Welfare Services/Department of Human Services) terminates the parent's rights to the child as an unfit parent, based on abuse or neglect; or (2) if there is a proposed adopting parent who will take the place of the parent giving up his or her rights (an example would be the new husband of the children's mother adopting the children as the new father, extinguishing the biological father's parental rights - this is typically done with the consent of the biological father).

If there are violations or problems with ensuring your visitation, you can file a motion for relief with the Family Court to enforce or modify your visitation rights.

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