Custody

A judge decides custody and visitation orders according to what the judge considers to be in the child’s best interest.¹ To decide what is in the best interest of the child, the judge must consider several factors, including, but not limited to:

• a parent’s history of sexual or physical abuse of any of your children;
• a parent’s history of neglect or emotional abuse of any of your children;
• the quality of the parent-child relationship;
• each parent’s history of caregiving or parenting before and after any type of marital separation or relationship ending;
• each parent’s cooperation in creating and carrying out a plan that meets the child’s needs, interests, and schedule; however, this factor will not be considered if the judge finds that one parent has committed family violence;
• the physical health needs and emotional needs of the child;
• the safety and educational needs of the child;
• the child’s need for a relationship with his/her siblings;
• each parent’s actions showing that s/he allows the child to continue a relationship with family members through family events and activities; however, this factor will not be considered if the judge finds that one parent has committed family violence;
• each parent’s actions showing that s/he separates the child’s needs from the parent’s needs;
• evidence of each parent’s past or current alcohol or drug abuse;
• each parent’s mental health;
• the reason for, and level of, conflict present within the family; and
• a parent’s prior and purposeful misuse of the protection from abuse restraining order process to gain an advantage in the custody process.²

Note: The judge cannot consider a parent’s disability as the only factor when making a decision about custody or visitation. If there is an allegation that a parent’s disability impairs his/her parenting ability, it must be proven by showing a clear connection between the disability and the alleged inability to be a good parent.³

¹ HI ST § 571-46(a)(1)
² HI ST § 571-46(b)
³ HI ST § 571-46.6