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When making a decision about custody, the judge must consider the: safety and well-being of the child; safety and well-being of the parent who is the victim of family violence; and. abuser's history of committing, or causing reasonable fear of, physical harm, bodily injury, or assault.
There is no specific age to consider the child's wishes on custody in Hawaii. A child's custodial preference can be considered at any age as long as they are able to make an independent, well-reasoned decision. Judges watch for signs that a child is coerced to make a decision.
There are two types of child custody in Hawaii: physical and legal custody. "Physical custody" refers to where the child lives. A parent with physical custody lives in the same household as the child. If it serves a child's best interests, a judge may award parents shared physical, also called "joint physical custody".
Short of that, there is no specific age under Hawaii law at which a child can choose his custodial parent. Hawaii statutes do provide that the ?preferences? of a child of ?suitable age and discretion? should be given ?due weight and deference? by the court.
In Divorce and Paternity cases in Hawaii, reasonable visitation is usually awarded to the non-custodial parent. Visitation is usually awarded by agreement of the parties, or by the Hawaii Family Court after a trial or hearing.
Modification of Child Custody If only one parent is pushing for a change in custody, the process is more difficult. To begin, they will have to file a request with the court. During this process, the parent proposing a change must: Provide proof that the change would be beneficial for the child.
In determining how custody will be allocated between parents, a Hawaiian judge will evaluate the best interests of the child. A child's best interests will be assessed by reviewing factors that influence the health and overall well being of the child.
If it is in the child's best interest, someone other than the child's mother or father can be given custody if that person: has been acting as the child's caretaker (has ?de facto custody?); is in a stable and wholesome home; and. is fit and proper.