Relocation custody cases are a complex part of family law in Hawaii. These cases arise when a divorced or separated parent wishes to move to a different geographical location with their child, significantly affecting the other parent’s access and visitation rights. The legal framework in Hawaii balances the relocating parent’s need or desire to move with the child’s best interests and the rights of the non-relocating parent.
These types of cases are not uncommon. Parents who are going through this situation can better ensure it goes well by taking the time to understand the basics.
Key factors a court considers in relocation cases
Hawaii courts review various factors when deciding these types of cases, but the court’s focus is always the child’s best interest. To help make this decision, the judge may consider the following:
- Reason for the relocation: Whether the relocation is for a substantial reason such as employment opportunities or closer proximity to extended family.
- Impact on the child: How the move would affect the child’s emotional, physical, and educational development.
- Feasibility of visitation: How the relocation would affect the ability of the parent who is not making the move to maintain a relationship with the child.
Each factor requires thorough examination, and the court’s decision hinges on detailed specifics of the family’s situation.
Legal process and implications
Navigating a relocation custody case in Hawaii involves a detailed legal process. It generally includes the following three steps:
- Filing a petition: The parent wishing to relocate will likely need to file a petition in family court. This document should outline the reasons for the move and proposed arrangements for custody and visitation.
- Serving the petition: The filing parent will then need to provide the other parent with the petition, a legal process known as serving the other party. This provides the other parent an opportunity to respond.
- Court hearings: If the parents cannot come to an agreement on their own, both will present their arguments during hearings.
It is important for those who are navigating this system to seek legal advice from attorneys who understand the nuances of Hawaii family law. Relocation custody cases in Hawaii require careful consideration of multiple factors, all aimed at ensuring the child’s well-being. Whether you are the relocating parent or the one facing a potential separation from your child, it is advantageous to know your rights and responsibilities.