By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 26, 2022
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
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.
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.
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.
Contact a qualified attorney.
Get tailored advice and ask a lawyer questions. Many attorneys offer free consultations.