Child Custody & Support

Protecting your children’s future in Hawaii.

Child custody cases in Hawaii are governed by Hawaii Revised Statutes § 571-46, which requires the Family Court to base custody and visitation decisions on the best interests of the child.

Hawaii law strongly favors arrangements that promote frequent, continuing contact with both parents, so long as it is safe and consistent with the child’s welfare. Custody determinations are highly fact-specific, and the Maui Family Court has broad discretion to craft parenting arrangements that meet the needs of each family.

Legal Custody vs. Physical Custody

Under HRS § 571-46, custody includes two distinct components:

  • Legal custody: The authority to make major decisions regarding a child’s education, medical care, and general welfare.

  • Physical custody: Where the child resides and how parenting time is shared.

The court may award sole custody or joint custody, depending on the circumstances.

Best Interests of the Child Standard

When determining custody and visitation, the Maui Family Court considers numerous factors, including:

  • The history of caregiving and parent-child relationships

  • Each parent’s ability to meet the child’s emotional, physical, and developmental needs

  • The child’s safety and well-being

  • Any history of domestic violence, substance abuse, or neglect

  • The ability of the parents to communicate and cooperate

  • The child’s wishes, when appropriate

No single factor is controlling. The Maui Family Court weighs all relevant evidence to determine what arrangement best serves the child.

Parenting Plans and Visitation

Hawaii law encourages parents to develop a parenting plan that outlines custody, visitation schedules, decision-making authority, and methods for resolving disputes. If parents cannot agree, the Maui Family Court may impose a parenting plan after a hearing.

Visitation may be structured, flexible, supervised, or limited depending on safety concerns and the child’s needs.

Hawaii Child Support Guidelines

Child support in Hawaii is not discretionary and is generally calculated using the Hawaii Child Support Guidelines. The guidelines apply a standardized formula designed to ensure consistency and fairness across cases.

Key factors in the calculation include:

  • Each parent’s gross monthly income

  • The number of children

  • The amount of physical custody or parenting time exercised by each parent

  • Health insurance costs for the child

  • Childcare expenses

The result is a presumptively correct child support amount, meaning the court will usually order the guideline amount unless there is a legally valid reason to deviate. The Maui Family Court may deviate when application of the formula would be unjust or inappropriate under the circumstances. Potential deviation factors may include:

  • Private education expenses

  • When the presumptive amount of support exceeds the needs of the child

  • An agreement between the parents for a higher or lesser amount

  • Other circumstances affecting the child’s best interests

Modification of Child Support

Child support orders may be modified if there is a material change in circumstances, such as:

  • A change in income

  • A change in custody or parenting time

  • Changes in the child’s needs

Relocation and Custody Modifications

If one parent seeks to relocate with a child, or if circumstances materially change, custody and visitation orders may be modified. The court will again apply the best interests of the child standard under HRS § 571-46, considering how the change affects the child’s stability and relationship with both parents.

Why Hire a Maui Child Custody Lawyer?

Child custody disputes are among the most sensitive matters heard by the Maui Family Court. Outcomes often depend on credibility, evidence, and how well a parent’s position aligns with the child’s best interests, not simply parental preferences.

An experienced Maui child custody attorney can help you present your case effectively, navigate court procedures, and work toward a custody arrangement that protects your child and your parental rights.

Frequently Asked Questions

  • Hawaii courts decide child custody based on the best interests of the child under HRS § 571-46. The court evaluates multiple factors, including safety, caregiving history, parental cooperation, and the child’s overall well-being.

  • Hawaii law encourages frequent and continuing contact with both parents when it is safe and appropriate. Joint custody is common, but it is not automatic. The court will order the arrangement that best serves the child’s interests.

  • Legal custody involves decision-making authority over major aspects of a child’s life, while physical custody concerns where the child lives and how parenting time is divided. Either type of custody may be awarded jointly or solely.

  • No. Child support and custody are separate issues. Even in joint physical custody cases, one parent may be required to pay child support under the Hawaii Child Support Guidelines, depending on income and parenting time.

  • Child support is calculated using the Hawaii Child Support Guidelines, which consider both parents’ incomes, parenting time, health insurance costs, and childcare expenses. The guideline amount is presumed to be correct.

  • Yes, but only if the court finds that applying the guidelines would be unjust or inappropriate. Any deviation must be supported by specific findings and must still serve the child’s best interests.

  • A child’s wishes may be considered, depending on the child’s age and maturity, but the child does not make the final decision. The judge weighs the child’s preference as one of many factors under HRS § 571-46.

  • Evidence of domestic violence is taken very seriously. Under Hawaii law, the court must prioritize the child’s safety and may limit or deny custody or visitation if domestic violence poses a risk.

  • Yes. Custody and visitation orders may be modified if there is a material change in circumstances and the modification is in the child’s best interests. Relocation, changes in a child’s needs, or parental conduct may justify modification.

  • Not always. Many custody disputes are resolved through negotiation, mediation, or agreed parenting plans. If parents cannot reach an agreement, the Maui Family Court will decide custody after hearing evidence.

  • Child custody cases involve complex legal standards, complicated family dynamics, guideline calculations, broad discretion by the Maui Family Court, and significant long-term consequences. A knowledgeable Maui family law attorney understands how the law is applied by the Family Court and can advocate effectively for both you and your child.

Contact

At August Law, Samuel maintains a small book of clients to ensure that each case receives the individualized attention necessary to achieve a successful outcome. To inquire about availability, please fill out the form located below.