Hawaii Family Law Questions & Answers

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)

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Q: Will a case be open if I don't give u.a.???? Does CPS really overlook THC?????

1 Answer | Asked in Family Law for Hawaii on
Answered on Mar 14, 2019
Robin R. Gregory's answer
I suggest you get an attorney and don't do anything until you speak confidentially, with your attorney. It is illegal to smoke or otherwise ingest marijuana in the State of Hawai'i, unless you have a prescription and it is illegal in the United States. I don't know why CPS would "over look" illegal drug use in an investigation. Normally, if CPS suspects you of illegal drug use, they will open a case. Once you give a UA, you cannot take it back. Get an attorney.

Q: I'm 17, my fiancee is 21, my mom just signed over all rights to my dad, can I get married with just his signature?

1 Answer | Asked in Family Law for Hawaii on
Answered on Mar 14, 2019
Robin R. Gregory's answer
If your father is the only parent with parental rights over you, then it would make sense your father's would be the only signature needed for consent for a minor to marry. Or, you can wait until you are 18 and you don't need any parent's signature. Good luck to you.

Q: Is it valid for parents to donate their only property ie house and lot to only 1 child excluding other children?

1 Answer | Asked in Family Law and Real Estate Law for Hawaii on
Answered on Mar 14, 2019
Robin R. Gregory's answer
If the real property is in another country, the real property is probably governed by the laws of that country. Owners of property can generally give or sell real property to anyone they want. If it is a case of a child using "undue influence" to "force" parents to give property, that is another matter. Still, the laws of the country where the property is situated, likely govern.

Q: If an illegitimate child's father is an american citizen, what surename should he/she be using?

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Answered on Nov 27, 2017
Hector E. Quiroga's answer
Possibly. It depends on a variety of factors. It is best to consult with an immigration attorney to discuss your particular circumstances.

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: My dad pass away 2 years ago in his house in Hawaii with my stepmother. The house is already paid off. They have a will

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Probate for Hawaii on
Answered on Jan 13, 2017
Richard Samuel Price's answer
If your dad lived in Hawaii when he passed, then a probate action would be brought in Hawaii. You may want to repost your question under Hawaii.

Q: Am i allowed to take items out of our home to the pond shop bc husband won't support family financially?

2 Answers | Asked in Divorce and Family Law for Hawaii on
Answered on Oct 30, 2015
Robert Jason De Groot's answer
Hire an attorney and get the advice that you need about this. At least go to speak with a family attorney in your area and have a full discussion.

Q: do i have legal rights to my husbands bank account (not a joint acc) to buy food for my kids and me? Hawaii/military

1 Answer | Asked in Family Law for Hawaii on
Answered on Oct 29, 2015
Terrence H Thorgaard's answer
No. If you are not on the account, you can't draw funds from it.

You need to file suit for legal separation (if allowed in your state) or divorce. Then you may be able to get a court order requiring him to support you and your children.

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