Hawaii Child Custody Questions & Answers

Q: if the other parent isn’t complying with court ordered visitation visits what can I do

1 Answer | Asked in Child Custody for Hawaii on
Answered on Apr 9, 2019
Robin R. Gregory's answer
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 visiting the child as much as allowed by the court, there is nothing you can do, as you cannot force a parent to visit the child. Further, the other parent's lack of participation in visitation does not...

Q: My son's biological father has not see him in 2.5yrs & no $ in 8months, can I get his parental rights terminated?

1 Answer | Asked in Family Law, Child Custody and Child Support for Hawaii on
Answered on Apr 9, 2019
Robin R. Gregory's answer
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 interest in the child, give-up parental rights when faced with paying child support. But that is just one route you could take - possibly under the Uniform Desertion and Non-Support Act (HRS 575-2)

It looks like...

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

1 Answer | Asked in Child Custody for Hawaii on
Answered on Mar 8, 2019
Shelby N. Ferrer's answer
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 court issue an order. You need to consult with an attorney for specific advice about what path is right for you.

Q: Can a father have full legal and physical custody of one child and the mother full custody of the other child?

1 Answer | Asked in Child Custody for Hawaii on
Answered on Dec 10, 2017
Lauren M. Sharon's answer
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.

Q: What are the chances of me getting full custody of my 2 year old daughter if I'm the father?

1 Answer | Asked in Divorce and Child Custody for Hawaii on
Answered on Dec 10, 2017
Lauren M. Sharon's answer
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.

Q: How to can I get visitation if my child lives in hawaii and I live in Georgia ?

1 Answer | Asked in Child Custody for Hawaii on
Answered on Dec 10, 2017
Lauren M. Sharon's answer
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 divorce or paternity decree in this matter, a motion for post decree relief would be filed if you are looking for more or different visitation than has been ordered. If you would like to enforce visitation...

Q: whats the fastest and easiest way to get out my house?

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Hawaii on
Answered on Jun 11, 2017
Cheryl Powell's answer
You cannot do that without their knowledge, consent or permission. Family services and the court system will not help with mental abuse.

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

1 Answer | Asked in Child Custody and Child Support for Hawaii on
Answered on Dec 15, 2016
Mr. Gavin Kazuo Doi's answer
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...

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