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Hawaii Questions & Answers
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 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: 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 Land Use & Zoning, Patents (Intellectual Property) and Real Estate Law for Hawaii on
Q: I found a Land Patent or Land grant given to my 4th Great Grandpa in 1861 and its signed by Abraham Lincoln how can i cl

How can I claim it?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 8, 2017

Although we now associate the word patent with the world of inventions as those with a patent given by a government can exclude others from making, using, selling, or offering to sell something covered by the patent rights -- the term patent was used more broadly in earlier times.

Letters...
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1 Answer | Asked in Social Security for Hawaii on
Q: If I am on SSI and work part time bringing home $449 every 2 weeks do they deduct money from my $735 SSI check?
Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

The question will be at what point does your sustained work show an ability to engage in substantial gainful activity. Suggest you connect with your local legal aid office as your earnings look to exceed your SSI check. They may also affect any other government benefits, public housing etc.

1 Answer | Asked in Consumer Law and Real Estate Law for Hawaii on
Q: What US law (in 21006 or 2007) gave timeshare resorts the right to let non-owners pay to use units ?

And, if you can give me the law, how can I get access to read it?

Michael Hales
Michael Hales
answered on Nov 29, 2017

This right is typically granted by the resort's bylaws and not through legislation. If a room is not being used, they will allow others to use it in an effort to avoid waste. Does that answer your question?

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
PREMIUM
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 Car Accidents and Traffic Tickets for Hawaii on
Q: My son was driving my car and hit a empty parked car but left the scene. He was ticketed for leaving the scene

He lives out of state and has a court date; does he have to return or can an attorney speak for him with him being present in court?

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

The attorney can find out from the judge but it'll look way better if he comes back as the whole thing happened because he left. As they say the "optics" are bad if he can't be there. The attorney can try to rearrange the date or time so that it's first thing Monday or Last... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: What happens if you're an undocumented immigrant (parents brought you over as a child) and your country of origin

refuses to accept you back if the US tries to deport you?

Clare Hanusz
Clare Hanusz
answered on Aug 1, 2017

Hello,

The answer to your question depends in part on what country you are from and what year you arrived. It's very fact specific, and you'd need to provide more facts for a proper evaluation.

Best,

Clare Hanusz

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I purchased a condo 4years ago, but did not receive a disclosure form. I now discover that my ceiling is covered with

asbestos "popcorn" on the ceiling. What is the seller's obligation under hawaii law?

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jul 14, 2017

Since the vast majority of houses built before the mid 1980s have asbestos somewhere in their structure, the seller is not required by law to priorly disclose the presence of this toxic agent. Another reason why asbestos disclosure was not deemed necessary by the State of Hawaii pertains to the... View More

1 Answer | Asked in Personal Injury for Hawaii on
Q: Why has district nine courts allowed victims of radiation exposure to seek relief of the Fukushima exposure??

Radiation victims cannot seek relief in courts for

USA victims but are allowed to seek relief of

Japan companys.

Peter N. Munsing
Peter N. Munsing
answered on Jun 26, 2017

You should direct that question to a toxic torts attorney. Generally, you can only sue in the united states for a wrong committed in the united states. In toxics cases,the wrong is considered to be the release in most cases. International law and it's effects are an entirely separate issue.... View More

1 Answer | Asked in DUI / DWI and Car Accidents for Hawaii on
Q: can I sue the driver who got arrested with a dui and a hit and run

The total loss for my car was 14862 I still owed 4600 so with the balance I will not be able to buy a car like I had unless I get a newer car and a bigger monthly payment

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2017

If you were injured contact a member of the Hawaii Trial Lawyers Association--they give free consults. Attorney Richard Kawana in Honolulu (on Maui ask for John O'Neill ) may be able to help you if you were injured--you can give him my name.

If you weren't hurt and you want...
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1 Answer | Asked in Civil Litigation, Personal Injury and Libel & Slander for Hawaii on
Q: A person accused me of stealing computer they left in the bathroom. My friends said she was coked out. Can i sue her?

They confronted me in the bathroom and saw me exit without their computer where they said they left it. They retuenes ans bothered me at my cafe table. Then they had the cafe workers ask me if i stole the computer. Then they called the police about it and i was asked to be seaeched. They called it... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

You can sue, but if they have no money, then you'll spend a lot to end up with a piece of paper that's worthless.

Suggest you look for a different place to hang out.

1 Answer | Asked in Divorce for Hawaii on
Q: I currently live in California. My husband filed for divorce in HI. Do I need to go to hi
Tobie B. Waxman
Tobie B. Waxman
answered on Jun 19, 2017

You would only need to go to Hawaii if there's a hearing scheduled. Contact the court house and find out what types of remote filing options they have - i.e. fax filing, efiling, etc. If you end up hiring an attorney, your attorney should be in Hawaii and licensed to practice there.

1 Answer | Asked in Personal Injury and Internet Law for Hawaii on
Q: If you share someone's number so other people can harass that person, can you be convicted of harassment?

My friend has a guy who's "ghosting" her, in that he cut off all communications without explanation. She found him on social media and messaged him. When he didn't respond, she said "don't make me unleash my minions on you," with the intent of sharing his number... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 12, 2017

She could definitely be charged as she had the intent that he be harassed. She made a threat then carried it out.

Why is she invested in someone who emotionally stood her up? Doing well is the best revenge; getting into a grudge match can get her charged, wastes emotional energy, and...
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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 Real Estate Law for Hawaii on
Q: I bought a condominium apartment 4 years ago and was not informed about the existance of asbestos in the ceiling.

what are seller's liability now that I recently discovered asbestos in the "popcorn" ceiling material?

Gregory Andrews Cade
Gregory Andrews Cade
answered on May 10, 2017

Sellers have to disclose material facts that they know or should know. Dependent on what it would likely cost to remove the asbestos you can investigate if the seller should have known about it and revealed it.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Can a defendant have a public defender and a private attorney on record at the same time after sentencing?

Defendant was sentenced to consecutive terms on 3 counts, (5 years, 5 years and 1 year). Motion to Reconsider denied. Public Defender was unresponsive for more than 2 years, family retained private counsel. Both defense counsel's filed "Stipulations,15 days apart. Information provided... View More

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

Short answer: yes. This can occur. The defendant would have to be indigent to have a PD. Private counsel would be there as a volunteer or pro bono and both counsel would have to consent to the dual counsel arrangement, as well as the client. Not an ideal way to proceed, but under that scenario,... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: Can someone that is pretrial in Hawaii for Terroristic Threatening get out on conditional release or Rel on Recog?

Defendant allowed a young homeless couple to stay in her home. The couple ended up being bad news. As the defendant was asking them to leave multiple times they refused. The couple then called the police stating that the defendant female 155lbs 5'5 threatened them. A male 5'10 200+ lbs... View More

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

The answer to your question is yes, the Defendant can be released on Supervised Release on the facts you presented, provided, Defendant's record is limited to this arrest only and is not loaded with multiple arrests for similar conduct or charges.

1 Answer | Asked in Criminal Law for Hawaii on
Q: If someone is being convicted for drug charges class A B & C and it is the first time what are chance of no prison time?

Can a dagp be used to keep out of doing prison time and only probation in drug convictions?

What can be done to avoid a possible open 10 year sentence for drug charges?

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

Whether you are sentenced to prison or not will depend on too many factors to discuss in this forum. Your past criminal history, if any, is relevant to the Court's inquiry. Selling drugs v using drugs is also relevant to this issue. Conduct since arrest is also relevant. Fortunately for... View More

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