What are child custody and visitation rights?

Child custody and visitation rights in Hawaii are governed by the Hawaii Revised Statutes. In Hawaii, when it comes to child custody and visitation, the court prefers joint legal custody and physical custody, meaning both parents will have legal and physical custody rights to their child. In the instances where joint legal and physical custody is not possible, the court will ultimately have to decide what is in the child’s best interests when deciding on the type of custody to grant. In Hawaii, the court will consider several different factors when creating a parenting plan that will determine the type of custody granted. This includes the age of the child, the child’s relationship with both parents, the child’s needs, the emotional bond between the child and parents, and any other factors the court deems relevant. The court will also consider court-ordered mediation, where both parties meet with an unbiased third-party mediator to come to an agreement on how to proceed with custody and visitation rights. When it comes to visitation rights, the court will also consider the best interests of the child. Visitation might include regular scheduled times for visits between parents and the child, or simply supervised visits where visitation is monitored and the child is safe at all times. Visitation rights can also include activities and vacations, though both parents must agree on such decisions. Ultimately, the court prefers that children get the opportunity to have a relationship with both parents, and will create a parenting plan based on the best interests of the child. In the event that both parents cannot agree to a plan, the court will make the final decision.

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