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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.
To amend an agreement, you should begin by filing a petition for modification with your local court. The petition may ask for information such as your contact info, your former spouse's contact info, case number, and judge who granted your divorce.
Child custody and visitation in Hawai'i is based upon the best interests of the child. If you are involved in a custody dispute, you will hear this term many, many times. It simply means that custody is not given to reward a parent, or to punish the other parent. Rather, the Court focuses on what is best for the child.
At What Age Can a Child Decide Which Parent To Live With in Hawaii? Although it is not the only factor in determining custody, the Hawaii court may consider a child's wishes if he or she is aged 14 or older.
Some of the circumstances under Hawaii state law in which the court will involuntarily terminate a parent's legal rights to their child include: If the parent surrendered care of the child to another person for at least two years. If the parent failed to communicate with the child for at least one year.
The non-custodial parent can reach out to the Family Court for modifications to child custody. The court will consider factors such as whether there is a valid reason for the move and the impact relocation would have on the child.