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Hawaii Family Law Questions & Answers
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 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 Domestic Violence, Divorce and Family Law for Hawaii on
Q: Can a person live just outside the protective area of a Tro from the filers home address?

My soon to be Ex wife assaulted me, was arrested. I placed a Tro against her. She moved into her friends house just 20 yards past the 100 yards no go zone for my home. I can’t drive out of the neighborhood or take my kids to park with being forced into the 100 yard zone. And she has been... View More

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I do not practice law in Hawaii so i can only speak to general principles of law. Typically restraining orders limit the activities of the respondent or person who is being restrained by the order. It sounds like you are person being protected by the order (often called a petitioner). Does the... View More

1 Answer | Asked in Family Law and Divorce for Hawaii on
Q: Is there grounds for an annulment?

Thank you

T. Augustus Claus
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answered on Oct 18, 2023

Grounds for an annulment in Hawaii can include factors like fraud, bigamy, impotence, lack of consent, and underage marriage. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Personal Injury, Civil Litigation, Divorce and Family Law for Hawaii on
Q: I am 66 years old, unmarried and residing for 8 years with a controling man who I depend on financially. I need $ to esc

In response to his proposal of marrige ,I gave up my business, friends, vocational license, all because he asked me to. When asked why I wasn't introduced to family and friends. He asked me to wait for his dad to pass. Eight lonely isolated years of empty promises later, he tells me... View More

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2023

A Hawaii attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. Personal injury and general civil litigation attorneys (the chosen categories here) are not really versed in these issues. You could try reposting under Divorce, and if... View More

1 Answer | Asked in Estate Planning and Family Law for Hawaii on
Q: I was written in my grandpas will.

I was written as being entitled to a certain % in my grandpas will but the will states that my mother serves as my trustee and she will have to distribute my part of the will to me. What happens if my mother doesn’t give me my part of the will.

Kelly LaPrade
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Kelly LaPrade
answered on Jul 15, 2022

You need to know what you’re entitled to and when. You can hire an attorney to assist with that, and also to petition the court if there is an issue with the distribution.

1 Answer | Asked in Family Law for Hawaii on
Q: I have a TRO case in a week, the only evidence the other party has against me is screenshots and the use of cell phone.

Everything in the TRO filed is "Hearsay," and the only possible proof is on a cell phone as a screen shot or text message or on social media (facebook). Is any of this actually admissable in the courts?

Matthew A Sylva
Matthew A Sylva
answered on Feb 9, 2022

It depends. In criminal Violation of TRO proceedings, the State would need to turn over copies of any discovery/evidence related to a person's case. In a civil proceeding that could either be in district or family court depending on whether you and the other person meet the criteria for... View More

1 Answer | Asked in Family Law for Hawaii on
Q: If I have a bench warrant in (kehei) will I be arrested in family court in (wailuku), Hawaii.
Matthew A Sylva
Matthew A Sylva
answered on Feb 9, 2022

In general when a person is arrested for a bench warrant in Hawai'i they will be held at a police station and given an opportunity to try to post their own bail. If a person cannot post bail (by their own means or through a bail bonds entity) then they are taken before the closest court of the... View More

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Q: My father abandoned me in India and is in usa for 15+ years and is a green card holder.what r my rights in usa?

he is not divorced with my mother.

has illegal marriages as well as children from two other women.

he does not support's us financially but is hawaii court claims that he is doing so.

I want to come to usa and get alimony for my mother .

what are our rights in... View More

Nareshwar Singh Virdi
Nareshwar Singh Virdi
answered on Feb 20, 2021

This sounds like a complicated situation. Please call my office at 916-378-0259 for further information.

1 Answer | Asked in Divorce and Family Law for Hawaii on
Q: How will the following look to a judge.

How will it look to a judge that my son is paying a monthly amount to his wife who has walked out on him and four children? My daughter-in-law left in January and has little to do with the family. However, she drives the kids to school each morning and when our son needs to be out of town, she... View More

Don F. Harris
Don F. Harris
answered on Jun 6, 2019

First, if he is in he military, he is likely required to support his spouse by the military so long as he is married. I have had my military male clients get reported by the separated wife to his chain of command for not supporting her, and it has caused my clients problems.

Second, I tell...
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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 Family Law for Hawaii on
Q: Will a case be open if I don't give u.a.???? Does CPS really overlook THC?????

10 false accusations called in my baby daddy i.e. I beat, scream, leave my child alone, been diagnosed w/mental illness, manufacture drugs, am on heroin, meth, and weed.

My house was clean, my child's art work decorates my walls, my child is happy and healthy. Other than 2 cigarettes... View More

Robin R. Gregory
Robin R. Gregory
answered on Mar 14, 2019

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... View More

1 Answer | Asked in Family Law for Hawaii on
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?
Robin R. Gregory
Robin R. Gregory
answered on Mar 14, 2019

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.

1 Answer | Asked in Family Law and Real Estate Law for Hawaii on
Q: Is it valid for parents to donate their only property ie house and lot to only 1 child excluding other children?

The parents have property in another country. It is the only property in their name and they donated it to 1 child excluded the others. Is this valid in Hawaii laws?

Robin R. Gregory
Robin R. Gregory
answered on Mar 14, 2019

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... View More

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Q: If an illegitimate child's father is an american citizen, what surename should he/she be using?

Can an illegitimate child of an american citizen be automatically US citizen?

Hector E. Quiroga
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Hector E. Quiroga
answered on Nov 27, 2017

Possibly. It depends on a variety of factors. It is best to consult with an immigration attorney to discuss your particular circumstances.

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 Criminal Law, Family Law, Real Estate Law and Probate for Hawaii on
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

And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.

Richard Samuel Price
Richard Samuel Price
answered on Jan 13, 2017

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.

2 Answers | Asked in Divorce and Family Law for Hawaii on
Q: Am i allowed to take items out of our home to the pond shop bc husband won't support family financially?

I am in a abusive marriage and decided to leave him. I am working with social workers who help me go through the court/legal process. I have a TRO and he cannot contact me or his children. He refuses to support his children financially. He pays for rent and major bills but refuses to give me money... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

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.

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