How do I establish a grandparent’s rights to visitation or custody?

In Hawaii, grandparents have a limited legal right to seek visitation or custody of their grandchildren. To establish this right, the grandparent must show the court that the parents granting visitation or custody are neglecting the child, or that it is in the child’s best interest for the grandparent to be given visitation or custody rights. To get started, the grandparent will need to file a Petition in the Circuit Court of the county they live in. The petition should explain why the grandparent is requesting visitation or custody rights. It should also include the names and addresses of all parties involved and a statement of facts. The court will then schedule a hearing, and the court will review the facts and rule on the petition. During the hearing, both parties will be allowed to present evidence in support of their claims. The court will consider a variety of factors when making its decision. These factors may include the relationship between the grandparent and the grandchild, the child’s emotional and physical needs, the parents’ fitness as parents, and the best interests of the child. If the court grants the grandparent’s petition, it will issue an order that specifically states the rights and responsibilities of the grandparent. It is important to follow the order and other court instructions as not doing so can result in the order being revoked.

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