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Hawaii Registration and Filing of Foreign Custody Order or Decree

State:
Hawaii
Control #:
HI-KH-012-01
Format:
PDF
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A01 Registration and Filing of Foreign Custody Order or Decree
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FAQ

The best interests of the child standard is common practice in most states across the country, and Hawaii is no exception.Under state law, there is no preference for custody toward the mother or the father, so both parents have an equal right to custody and time with the child.

Hawaii sees an unmarried father and mother as having equal custody rights over a child. However, paternity must be established for the father to have a legal right to child custody.

The clearest reason to ask for sole custody is to protect your child from physical harm, especially if the other parent has a history of any of the following issues: ABUSE: If a parent has assaulted or sexually abused the other parent or any child, this presents an obvious danger to their child.

The most common arrangement is one in which one parent has sole physical custody, both parents have legal custody, and the noncustodial parent is granted visitation time.

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the

In this, both parents will have legal custody but one will have the physical custody and be the primary caretaker.It could also be free access with no fixed schedule, but as per the parents and the child's convenience, could include the non-custodial parent's right to school events, etc.

It does not matter who files first. The court considers the best interests of the child and it is presumed that it is best for the child if both parents see the child. Custody cases are complex.

Under the UCCJEA, a court has home State jurisdiction if it is located in the child's home State (as of the date proceedings are commenced) or if it is located in the State that was the child's home State within 6 months of the proceedings' commence- ment and the child's parent (or a person acting as his or her parent)

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Hawaii Registration and Filing of Foreign Custody Order or Decree