What are the procedures for a change in custody or visitation?

In Hawaii, when one parent wants to make a change in custody or visitation, he or she must make a formal motion or request to the court. The motion or request will then be set for a hearing, where the court will decide if the change is in the best interests of the child. The court will consider the financial, emotional, and physical needs of the child when deciding if the proposed change should occur. The court will also consider the wishes of the children, the relationship between the children and the parents, the caregivers, and the extended family. The court takes into account the performance of each parent in carrying out his or her obligations to the children. The parent who wishes to make the change must provide proof that the change will be in the best interests of the child. Generally, the court will first attempt to resolve the dispute through alternative dispute resolution methods such as mediation or collaboration efforts between the parties. If these methods do not resolve the issue, the court will conduct a contested hearing. At the hearing, each party will be allowed to present evidence and legal arguments. The court will also consider any witness testimony and will review any relevant documents. After all the evidence is presented, the court will make a decision and issue a written decision, which will contain the court’s reasoning and the outcome. The court’s decision can include a change in custody or visitation or a modification in the rights and responsibilities of the parents.

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What are the procedures for a change in custody or visitation?

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