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Hawaii Child Custody Questions & Answers
1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Constitutional Law for Hawaii on
Q: Can I file the fraud on the court and habeas petition As one document

Minor petitioners

James L. Arrasmith
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answered on Jun 22, 2024

Based on the Constitution and legal procedures in the United States:

Filing a fraud on the court claim and a habeas corpus petition as a single document is generally not recommended, as these are separate legal actions with different purposes and requirements:

1. Fraud on the court:...
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1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for Hawaii on
Q: How can I see a judge over a tro that was default judgement against me because of missing a hearing due to medical
James L. Arrasmith
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answered on Mar 24, 2024

If you've received a default judgment against you for missing a hearing due to medical reasons, it's essential to act promptly. Start by gathering all relevant medical documentation that explains your absence. This should include dates, the nature of your medical issue, and notes from... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Hawaii on
Q: Can my husband with out my permission use video recordings of me acting out after he provoked me into getting fired up
T. Augustus Claus
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answered on Aug 16, 2023

In Hawaii, as in many states, the use of video recordings without consent can be a complex legal issue. While laws can vary, generally speaking, recording someone without their consent in situations where they have a reasonable expectation of privacy may raise legal concerns.

1 Answer | Asked in Family Law and Child Custody for Hawaii on
Q: If I have split custody of my Son and don’t want him receiving vaccines how does that work in Hawaii

Me and mother disagree on vaccines and share legal custody 50/50. She has full physical custody.

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

You theoretically can ask the court that issued your custody order to give you the exclusive right to make the decision about vaccinations, or all non-emergency medical decisions, for your child.

But you will need to produce some pretty compelling medical evidence that your child has some...
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1 Answer | Asked in Child Custody for Hawaii on
Q: if the other parent isn’t complying with court ordered visitation visits what can I do
Robin R. Gregory
Robin R. Gregory
answered on Apr 9, 2019

I need more information to understand the answer you seek. I suggest you retain an attorney, give the whole story, and discuss your options. For example: If the other parent is not returning the child on time, you can file a motion to enforce a court order.

If the other parent is not...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Hawaii on
Q: My son's biological father has not see him in 2.5yrs & no $ in 8months, can I get his parental rights terminated?

He has repeatedly refused to visit his son and goes months without talking to him on phone. My son asked him to terminate his rights a couple months ago so my partner could adopt him, but he refused & then stopped communicating for months. What can I do to terminate his rights?

How... View More

Robin R. Gregory
Robin R. Gregory
answered on Apr 9, 2019

This is a complex issue and no "one way" to go about accomplishing your goal. Also, I would need to get more information before determining what is the "best" way to proceed. I suggest you retain an attorney and discuss your options. I have seen biological fathers who have no... View More

1 Answer | Asked in Child Custody for Hawaii on
Q: So I have a daughter I care most about I work so hard to get her to Hawaii. But everytime I try to communicate

With the father. His gf tells me he doesn’t want to talk or deal with me. I don’t know how we can be co parent if he doesnt want to talk to me? Could u help me

Shelby N. Ferrer
Shelby N. Ferrer
answered on Mar 8, 2019

Depending on whether you have a court order in place and what that order says, you can file a motion in court to enforce orders to allow you to communicate or change orders if the current orders are not working. If you do not have an order in place, you will need to file a petition to have the... View More

1 Answer | Asked in Child Custody for Hawaii on
Q: How to can I get visitation if my child lives in hawaii and I live in Georgia ?
Lauren M. Sharon
Lauren M. Sharon
answered on Dec 10, 2017

I would suggest consulting with a Hawaii attorney, as Hawaii would have jurisdiction over the child if the child has lived in Hawaii for over six months.

Depending on if you and the mother are married, a divorce or paternity case would have to be initiated. If there's already a...
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1 Answer | Asked in Divorce and Child Custody for Hawaii on
Q: What are the chances of me getting full custody of my 2 year old daughter if I'm the father?

Her mom committed adultry and is hardly ever home always out at the bars and with her boyfriend never did come home to sleep for over a month and only comes home to get ready and put on makeup and gone for the whole night and day after that sometimes several days

Lauren M. Sharon
Lauren M. Sharon
answered on Dec 10, 2017

You should consult with an attorney, but unless the mother poses a danger to the child, it's unlikely she would lose custody of the child. 50/50 custody is most common in the state. The adultry probably won't be relevant.

1 Answer | Asked in Child Custody for Hawaii on
Q: Can a father have full legal and physical custody of one child and the mother full custody of the other child?

seeking separation from spouse. we would like for him to have full custody of our older son and me full custody of our younger son. Is that possible?

Lauren M. Sharon
Lauren M. Sharon
answered on Dec 10, 2017

Yes, this is possible, so long as the judge is willing to sign off on the order. You should consult with an attorney regarding the consequences of such an agreement.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Hawaii on
Q: whats the fastest and easiest way to get out my house?

I'm a 16 year old boy living in the state of Hawaii and am a victim of mental and emotional abuse by my parents. My house is such a toxic environment where my dad smokes illegally and will sometimes threaten to harm me if I ever got in his way. My mom won't try to stop this behavior and... View More

Cheryl Powell
Cheryl Powell
answered on Jun 11, 2017

You cannot do that without their knowledge, consent or permission. Family services and the court system will not help with mental abuse.

1 Answer | Asked in Child Custody and Child Support for Hawaii on
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... View More

Gavin Kazuo Doi
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Gavin Kazuo Doi
answered on Dec 15, 2016

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... View More

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