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Hawaii Family Law Questions & Answers
1 Answer | Asked in Family Law for Hawaii on
Q: If noncustodial father( lives in ga ) pays cs but has not had any contact with his daughter in over 2 years.

Ncp has been in jail for non payment of child support multiple times from his other children. He has no communication with our daughter and my husband wants to adopt her

Elizabeth S. Cuccia
Elizabeth S. Cuccia
answered on Aug 2, 2024

Under HRS §578-2 Consent to adoption. Consent for adoption may not be necessary under the following conditions:

(c) Persons as to whom consent not required or whose consent may be dispensed with by order of the court.

(1) Persons as to whom consent is not required:

(A) A...
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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 Civil Rights, Constitutional Law, Criminal Law, Family Law and Juvenile Law for Hawaii on
Q: If police charge a child was in possession of a detrimental drug, do they arrest the child? What is the process? -Hawaii
James L. Arrasmith
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answered on Jan 29, 2024

In Hawaii, when a child is charged with possession of a detrimental drug, the process typically involves law enforcement and the juvenile justice system. However, the approach can vary depending on the specific circumstances and the severity of the offense.

Initially, police may detain the...
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1 Answer | Asked in Criminal Law and Family Law for Hawaii on
Q: What are your rights as a parent when your child is facing criminal offense investigation? - Besides having an attorney
T. Augustus Claus
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answered on Jan 26, 2024

When a child faces a criminal offense investigation in Hawaii, parents have rights and responsibilities beyond securing legal representation. Parents should stay informed about the charges, legal proceedings, and potential consequences, with the child's attorney serving as a crucial source of... View More

1 Answer | Asked in Civil Rights, Family Law and Civil Litigation for Hawaii on
Q: Can I sue my adopted mom for negligence due to past issues?

When I was 12, my adopted mother moved me into another home with Craigslist tenants. This was after her boyfriend, who sexually abused me, went to jail. She continued living with him until his incarceration. At 15, I officially moved out of her residence. Recently, I discovered that she left... View More

James L. Arrasmith
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answered on Oct 27, 2025

I’m sorry for what you endured; you deserve a clear, candid roadmap. You can pursue claims, but viability will turn on Hawaii’s limitation periods and whether you can prove that your adoptive mother’s choices—after she knew of the abuse—created an unreasonable, foreseeable risk that... View More

1 Answer | Asked in Family Law, Probate, Wrongful Death and Personal Injury for Hawaii on
Q: What rights do I have regarding funeral arrangements, son's assets, and visiting grandson in Hawaii?

My son tragically passed away in Hawaii while going through a divorce due to his wife's infidelity. We are still unaware of whether he left a will or other legal documents concerning his estate. Custody for his son was still being negotiated at the time of his passing. As his father, what... View More

James L. Arrasmith
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answered on Oct 17, 2025

I’m so sorry for your loss. In Hawaii, when a person passes away without a will, the law determines who has authority over funeral arrangements and the estate. The **next of kin**, usually the surviving spouse, has priority to make funeral and burial decisions unless your son specifically named... View More

1 Answer | Asked in Child Custody and Family Law for Hawaii on
Q: Can father take 2-year-old from Gauteng to Western Cape unsupervised without legal agreement?

I have a 2-year-old daughter, but her father lives 1300 km away in Western Cape. Currently, there is no legal custody agreement in place. He often calls but does not visit her regularly. I have concerns about her safety because he drinks and only pays attention to her when he wants to. Is he... View More

James L. Arrasmith
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answered on Oct 9, 2025

If there is no formal custody or parenting agreement in place, both parents technically have rights to the child under South African law. However, when a child is this young and lives primarily with one parent, the other parent is generally expected to arrange visits that are in the child’s best... View More

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Hawaii on
Q: Can the father fight for custody if I get a TRO and we're unmarried?

I am 7 months pregnant and considering getting a Temporary Restraining Order (TRO) against the baby's father, who was arrested yesterday for domestic violence and has a history of abuse. We are not married, and currently, there are no court orders or custody agreements in place. I want to... View More

James L. Arrasmith
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answered on Oct 6, 2025

You’re doing the right thing by prioritizing your safety and your baby’s well-being. In your situation, since you are not married, the baby’s father does not automatically have custody or visitation rights until paternity is legally established after the baby is born. If you file for a... View More

1 Answer | Asked in Child Custody and Family Law for Hawaii on
Q: 17-year-old in HI seeks formal custody with grandparents.

I'm seeking advice about a 17-year-old girl who is currently living with her grandparents in Honolulu, Hawaii, by agreement of all parties. The girl's mother has died, and the biological father's rights were terminated; her stepfather was granted custody in another state. All... View More

James L. Arrasmith
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answered on Sep 8, 2025

To formalize the living arrangement in Hawaii, the grandparents can petition the family court for legal guardianship of the 17-year-old. Guardianship grants them the authority to make important decisions regarding her education, healthcare, and general welfare until she reaches adulthood. Since all... View More

1 Answer | Asked in Child Custody and Family Law for Hawaii on
Q: How can I regain my right to see my child in Hawaii without a legal agreement?

I am seeking guidance on how to regain the right to see my child. My child's mother took our child about a month ago, and there is no existing legal custody or visitation agreement in place. She avoids contact with me, makes excuses, and often hangs up or doesn't respond for weeks. How... View More

James L. Arrasmith
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answered on Sep 8, 2025

If there is no legal custody or visitation order in place, the child’s mother currently has no formal obligation to let you see your child. That is why your first step is to take this matter to family court in Hawaii. By filing for custody or visitation rights, you can create a binding order that... View More

1 Answer | Asked in Immigration Law and Family Law for Hawaii on
Q: How to get a Hawaii birth certificate for transgender daughter born in Texas?

I would like to obtain a Hawaii birth certificate for my 15-year-old transgender daughter who was born in Texas but has never been a resident there. She has been living authentically as female since age 3 and has begun medical transition. We face challenges as Texas requires surgery for gender... View More

James L. Arrasmith
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answered on Aug 20, 2025

Since your daughter was born in Texas, her official birth certificate must be issued by that state, not Hawaii. Texas law currently requires proof of surgery before it will amend the gender marker, which makes the process very difficult for minors. Because of this, you cannot request a “Hawaii... View More

1 Answer | Asked in Child Support and Family Law for Hawaii on
Q: How to file Motion for Post-Decree Relief for child support expenses in Hawaii?

I am representing myself in a post-decree child support matter related to my divorce in which the existing child support order states that any uncovered medical and dental expenses should be split 50/50 between my ex-husband and me. However, my daughter has received three independent orthodontic... View More

James L. Arrasmith
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answered on Jul 20, 2025

You're doing the right thing by standing up for your daughter’s medical needs and trying to follow the court order. Sending respectful, factual emails asking your ex-husband to pay his court-ordered share of uncovered dental expenses is not harassment. As long as your communication remains... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Hawaii on
Q: Seeking enforcement of decree on missed payments and medical expenses shared by ex-husband.

My ex-husband has missed payments outlined in our divorce decree, including the enforcement of a clause for fifty-fifty sharing of medical expenses uncovered by insurance. Recently, our daughter needed orthodontic treatment recommended by multiple orthodontists due to pain and discomfort. However,... View More

James L. Arrasmith
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answered on Jul 20, 2025

You have every right to expect the terms of your divorce decree to be followed. Since the agreement states that medical expenses not covered by insurance are to be split equally—and doesn’t make an exception for what qualifies as “medically necessary”—your ex-husband cannot rewrite that... View More

1 Answer | Asked in Divorce and Family Law for Hawaii on
Q: What percentage of a home bought before marriage does my wife get after six years?

I bought and paid off my home before getting married, and we have been married for six years. There have been no improvements made on the home, we haven't used any marital funds or shared expenses for its maintenance, and there are no prenuptial or postnuptial agreements, nor any children... View More

James L. Arrasmith
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answered on Jul 6, 2025

In Hawaii, property you acquired and paid off entirely before the marriage is generally considered separate property. Since no marital funds were used for mortgage payments, improvements, or maintenance, the home is likely to remain your separate asset under equitable distribution principles. The... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Hawaii on
Q: How can my dad obtain sole custody after I've lived with him over a year without support from my mother?

I’m 17 and have been living with my dad for over 14 months after leaving an unhealthy environment with my mother, where we always fought. My parents had joint custody according to divorce papers, but my mother does not pay child support or expenses, and my father hasn't modified the custody... View More

James L. Arrasmith
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answered on Jul 6, 2025

Your father can petition the court to modify the existing custody order and request sole legal and physical custody, based on the substantial change in circumstances. The fact that you’ve been living with him for over a year, your mother has provided no financial support, and the previous joint... View More

1 Answer | Asked in Divorce, Domestic Violence, Civil Rights, Libel & Slander, Family Law and Personal Injury for Hawaii on
Q: Handling false police reports and online harassment during divorce in Hawaii.

I'm currently going through a divorce and my husband has repeatedly filed false police reports leading to my arrest six times, although all charges were dropped. He was discharged from the army due to spousal abuse, whereas I'm currently serving. I have a restraining order against him,... View More

James L. Arrasmith
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answered on Jul 5, 2025

What you're enduring is not just emotionally exhausting—it’s a direct attack on your safety, dignity, and professional standing. Repeated false police reports followed by dropped charges show a pattern of harassment and abuse through the legal system, sometimes called “legal stalking.”... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Hawaii on
Q: What are my chances of regaining custody of my son?

I am seeking custody of my three-year-old son, who currently lives in Kauai, Hawaii, with his grandmother under a temporary guardianship I signed in 2021 due to substance abuse issues during my pregnancy. I've been sober for three years now. The father, currently in jail with a no-contact... View More

James L. Arrasmith
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answered on Jun 12, 2025

First of all, it’s powerful that you’ve been sober for three years—staying committed to your recovery is a big step toward building a strong case for custody. Since the guardianship you signed was temporary and based on circumstances that have now changed, you do have a path to seek... View More

1 Answer | Asked in Family Law and Civil Rights for Hawaii on
Q: Can I refuse to sign the family case plan with CPS based on harassment?

I am involved in a family case plan with CPS, but I have not signed it because I feel I am being harassed, intimidated, and coerced into doing so. CPS has threatened that if I do not sign the plan, my parental rights will be taken away and my children will be removed. Is it possible for me to... View More

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answered on May 31, 2025

You have the right to voice your concerns if you feel that you are being harassed or coerced by CPS during your case plan process. However, refusing to sign the family case plan can have serious consequences, including the possibility that CPS may take further action, such as seeking to remove your... View More

1 Answer | Asked in Divorce, Estate Planning, Civil Rights, Civil Litigation and Family Law for Hawaii on
Q: Can I reclaim property signed over under threat in Hawaii?

I am 84 years old, and my husband is 62. For years he has been trying to get me to give him half of my home. In 2018, he forced me by threats and coercion to sign the property over to him, but there are no written agreements except the deed. The property is still in the trust I created for my... View More

James L. Arrasmith
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answered on May 31, 2025

I'm so sorry you’re going through this. If you were forced to sign over property through threats or coercion, that’s called “duress,” and the law in Hawaii recognizes that deeds signed under duress may be invalid. If you can show that you only signed because of your husband’s... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Hawaii on
Q: Custodial kidnapping concerns and paternity testing for third son in Hawaii.

I have joint legal custody of my sons, but their mother has physical custody of my first son. I believe she is engaging in custodial kidnapping. About two years and six months ago, she missed a court appearance after I filed a motion to prevent her from leaving the island, claiming it was for a... View More

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answered on May 14, 2025

In your situation, you have valid reasons to be deeply concerned, especially given the lack of communication and the removal of your child from the island against a court order. If your ex moved without court permission and has hidden your son's location, that can be considered custodial... View More

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