As life changes, what works for a family can change. Consequently, an existing child custody order may no longer fit the circumstances.
For that reason, custody orders aren’t always permanent in Hawaii, and courts allow for modifications when appropriate.
When is a court likely to modify a custody order?
Family courts may be willing to modify custody orders if there is a significant change in circumstances. This could include a parent moving to a different area, a change in the child’s school or health, or even a shift in a parent’s ability to care for the child.
The change must be important enough that keeping the current custody arrangement wouldn’t be in the child’s best interest. Primarily, judges take into account the stability of the child, the relationship with both parents, and any other relevant factors.
Children benefit from a stable home life, so the court requires strong reasons to approve any changes. Therefore, the parent requesting the change has to prove to the court that there are valid grounds for the modification.
How can parents request a modification?
When both parents agree on the modifications, they can simply submit an updated agreement to the court. A judge will review the proposed changes. If the new arrangement appears reasonable, the judge will most likely approve it without a hearing. If the plan doesn’t appear to be fair to all parties, the judge may request a hearing to further examine the situation.
If only one parent desires a change to the custody order, that person must file a request with the court. Then, the court will set a date for a hearing. At the hearing, both parents have a chance to explain why the custody order should or should not change. The judge then makes a decision based on what is best for the child. This is, of course, subject to additional hearings as required by the Court, due to the potential need for a custody evaluator or best interest fact finder, leading to trial.
After an approved modification, the updated custody order becomes legally binding, and both parents must follow it. Remember that the court focuses on what benefits the child, not what accommodates the parents. Understanding the court’s reasoning on these matters is key to presenting a strong argument in litigation over custody modification.