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Hawaii Child Custody Laws

Determining child custody is often a contentious issue. All states, except Massachusetts, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Hawaii courts recognize legal custody and physical custody. Legal custody refers to the right of a parent or guardian to make major life decisions, such as schooling and religious upbringing. Physical custody refers to the decision of which parent or guardian the child lives with. As in other states, either one (sole custody) or both (joint custody) parents may have legal and/or physical custody.

This article provides a brief overview of child custody laws in the state of Hawaii.

Hawaii Child Custody Laws: At a Glance

Learn more about Hawaii child custody laws in the table below, along with links to related articles and resources. See FindLaw's Child Custody section for additional information.

Code Section

§ 571-46 et seq. of the Hawaii Revised Statutes

Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted

2002

Joint Custody an Option?

 

Yes, § 571-46.1

Grandparent Visitation Rights Recognized?

Yes, § 571-46.3

Child's Own Wishes Considered?

Yes

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Hawaii Child Custody Laws: Related Resources

Get Legal Help with Child Custody

If you and your child's other parent are separating, you might not agree on who gets custody of your child or what the custody arrangement should look like. There are many other factors to consider in these determinations, but the court's primary concern will be the child's best interest. One of the best ways to get a handle on the process is to seek guidance from an experienced family law attorney.

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  • Custody & child visitation cases are emotional, and a lawyer can seek the best outcome
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