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Honolulu Child Custody Attorneys

Reaching an intelligent resolution of child custody issues is one of the most emotionally intense aspects of divorce cases. Ideally, parents will be able to work out custody arrangements amicably. Our child custody lawyers in Honolulu will be by your side throughout the process to help you reach an agreement that works for both you and your ex and, most importantly, that benefits your child(ren).

Coates Frey & Hackett, AAL LLLC, is available to help you settle the emotionally charged child custody issues in your case. We have written the book on divorce and work to resolve contentious matters as amicably as possible. Call our custody lawyer in Hawaii today to review your case: 808-379-3538.

Understanding Child Custody In Hawaii

There are two main types of child custody to consider in Hawaii. The first is physical custody, which refers to where the child lives and which parent is physically in charge of them and present at the time. The second type is legal custody, which refers to making important decisions on the child’s behalf, such as what religion they’ll be a part of, what type of medical care they should receive and where they will go to school.

In Hawaii, custody can be split in various ways. For instance, both parents could be assigned joint custody on a physical and legal basis, meaning that they have to share time with the child and work together to make important decisions. But it’s also possible for one parent to have legal custody, even if the two share physical custody, meaning that that parent is solely responsible for these key decisions. Every case is unique, but our experienced team can help you explore your options.

Typically, when making a decision, the court will use the standard of acting in the child’s best interests. They may consider factors like the child’s age and gender, the parental roles before the divorce, the parents’ living situations and if there are any cultural or social considerations related to extended family members, peer groups, schools, etc.

The Akamai Approach To Child Custody

At Coates Frey & Hackett, AAL LLLC, we always focus on a peaceful resolution when possible. We use a collaborative method in which both parents have a say and try to work together to support their child’s best interests. Our goal is to protect parent-child relationships moving forward, so it is generally best to have both parents stay involved after the divorce. We put an emphasis on creating long-term family harmony. We know that divorce can be emotionally difficult and make relationships more complex, but when parents are willing to work together and put the kids first, legal solutions and compromises can be found. We can help you work through this process, protecting your parental rights, looking into your legal options and always putting your children first.

Common Custody Situations We Handle

We handle many different types of custody situations and legal disagreements at our firm. For example, we often handle cases involving:

Divorce-related custody: Parents who are ending their marital relationship need to create a long-term plan for both physical and legal custody.
Modification of existing arrangements: While a custody arrangement may initially work, life changes as children grow up. Modifications may be needed if the child has special needs, develops certain health conditions or simply has a shifting schedule as they get older. The custody arrangement that worked when a child was two years old may not work the same way when they are 15, and modifications need to be made.
Relocation cases: One potential reason for a modification is when one parent wants to relocate. They may need to provide reasons to do so, such as returning to school, taking a job offer or moving closer to extended family members.
Military family custody issues: Custody can be very complex for military family members because they travel extensively for work or could be deployed for months at a time. We can help military parents stay involved with their children in a way that fits their schedule and lifestyle.
Interstate custody matters: Likewise, custody can be complex when parents live in different states. Other states may have laws that are very different from those in Hawaii, and we work to protect the rights of both parents and children.

In all of these areas, our experience is key, as our attorneys know how to navigate complex situations and find solutions.

Your Child’s Best Interests

When courts have to make a child custody ruling, they will consider numerous factors to determine what will truly be in the child’s best interests. We help to protect your children and your rights as the court looks at factors like:

Where the child goes to school
The child’s age
If the child has any special needs
The parents’ mental and physical health
Any evidence of drug use or other dangerous activity
The parental roles prior to the ruling
The living situations each parent provides
The child’s own preferences
Religious or cultural upbringing and specific considerations in these areas
The child’s healthcare needs and how important decisions should be made

When you work with us, you can rest assured that we will always put your children first and strive to find an optimal solution for them.

Our Family-First Philosophy

Our family-first philosophy starts with our commitment to children’s well-being. We take a collaborative approach to custody disputes so that both parents can be involved and can work to give their children the most stability possible during these changing times. Often, this means that mediation options are best because both parents can work collaboratively to find solutions.

However, in some situations, parents can’t make these joint decisions, and litigation may be needed. Our team is well-versed in these cases and will aggressively defend the rights of parents and children, with a focus on their future.

Answering Your Child Custody Questions

When you are trying to protect your family, it is reasonable to have questions. As we represent you through your child custody needs, we will also answer your questions about your needs, including ones like:

What are the child custody laws in Hawaii?

The two basic forms of child custody in Hawaii are legal custody and physical custody.

Legal custody: Legal custody refers to who is in charge of the decision-making process as to exactly how the child(ren) will be raised. This includes choices on educational, medical, religious and other major issues in the child’s life. It does not, however, include day-to-day or routine parental decisions.
Physical custody: Physical custody refers to where the child will physically live and which parent the child will live with, as well as parental time-sharing and visitation schedules. Physical custody may be “sole” or “joint.” If “sole,” the child resides primarily with one parent. If “joint,” the child resides with each parent on a relatively equal basis.

What is the difference between sole and joint custody?

Each of these can, in turn, be broken down into sole or joint custody. The parent who does not have sole physical custody usually has “reasonable” visitation rights. In other words, he or she can see the children during certain scheduled times (often alternating weekends). If the parents cannot agree, the court will set up a visitation schedule.

Not surprisingly, if the parties cannot reach their own agreement on this issue, the court will enter an order awarding custody, and often if left to the court’s discretion, neither party is too happy about the results. However, there are alternative arrangements for joint custody.

Our Honolulu child custody attorneys will help you obtain and maintain reasonable visitation and custody in your case.

How does visitation work in Hawaii?

In the event that one parent receives sole physical custody, the other parent has the right to reasonable visitation or time-sharing. It is highly encouraged that parents work together to create a visitation schedule that is conducive to both parents’ schedules and that maximizes the amount of time the child or children get to spend with each parent. If a reasonable time-sharing agreement cannot be met, pursuing mediation can be a great option to help come to an agreed-upon plan.

In joint physical custody cases, the time is essentially split equally and visitation schedules are not usually going to be necessary.

Is Hawaii a mother state?

Hawaii, much like other states, follows the “best interests of the child” standard when determining child custody, which means there is no legal preference for custody toward the mother or the father.

At what age can a child decide which parent to live with in Hawaii?

Although it is not the only factor in determining custody, the Hawaii court may consider a child’s wishes if he or she is aged 14 or older. The child will not be required to testify in court or choose between parents. Instead, he or she may be interviewed by a custody evaluator who will then include his or her wishes in a report to the court.

Can I move after I get divorced in Hawaii?

In Hawaii, if you have sole physical custody and want to move, you will typically need approval from the other parent or the court before you can move the child(ren) off the island. If the other parent is opposed to the move, the relocating parent needs to prove to the Hawaii Family Court that the move is in the best interests of the child(ren).

Our Honolulu child custody attorneys at Coates Frey & Hackett, AAL LLLC, have represented many parents who wish to move with their child(ren). We also have helped parents who oppose an ex’s relocation request.

Call 808-379-3538 our child custody experts in Honolulu, Hawaii, today.

How does modifying after move work?

If a primary custodial parent moves, the parents will need to draft a new custody and visitation order. There are a lot of options when it comes to long-distance visitation that can ensure that both parents receive quality time with their children. For example, you may request fewer but longer visits. Virtual visitation via video chat may also be a part of your visitation order.

How does parallel parenting work?

Parallel parenting is a way of co-parenting while still maintaining an enforced distance from your ex-spouse. It’s often the single best way to handle things when a relationship is so toxic that ex-spouses cannot communicate in a civil manner.

The basic rules of parallel parenting include the following:

All communication between the parents must be in writing.
All communication must be business-like and avoid personal comments.
Communications are to focus exclusively on parenting issues, like discussing your child’s health, school schedule, report card, etc.
No changes are allowed to any schedule unless it is communicated in advance and agreed upon in writing.
Schedules are conveyed entirely in writing (or through electronic calendars).
The child is never to be used as a go-between for messages.
No personal information that isn’t relevant to the child’s well-being is ever shared between the child’s parents.

In other words, communication is always “strictly business” and strictly limited in nature.

What does parallel parenting accomplish?

It minimizes the chances for hostile interactions in front of the child and allows both parents to take a step back from their conflicts with each other. That way, they can focus on their child’s needs and work together without actually engaging with each other after a divorce.

What is relocation custody?

Relocation custody involves legal arrangements when a custodial parent wishes to move to a different geographic location, often outside the current island and take their child with them. This move can impact existing custody and visitation agreements, affecting the child’s relationship with the noncustodial parent. According to Hawaii law, child relocation requires either the consent of the other parent or court approval.

What does a relocation custody case entail in Hawaii?

A relocation custody case in Hawaii involves several steps, each requiring careful consideration of the child’s best interests. Here’s what the process typically entails:

Notification: The parent seeking to relocate must notify the other parent of their intention to move. This notification should include details such as the new location, reasons for the move, and a proposed revised custody and visitation plan.
Agreement or dispute: If the nonrelocating parent agrees to the move, they can work together to modify the custody and visitation arrangements accordingly. However, if the nonrelocating parent opposes the move, the case may go to court.
Court petition: The relocating parent must file a petition with the Hawaii Family Court to seek permission to move with the child. The petition must demonstrate that the relocation is in the best interests of the child, considering factors such as the child’s stability, educational needs and emotional well-being.
Evaluation: The court may appoint a custody evaluator to assess the situation and make a recommendation. The evaluator considers the reasons for the move, the impact on the child’s relationship with both parents, and the overall benefits or detriments of the relocation.
Hearing: Both parents will have the opportunity to present their case in court. The judge will consider all relevant factors, including the child’s wishes if they are 14 or older, before making a final decision.
Modification of custody order: If the court approves the relocation, the custody order will be modified to reflect the new circumstances.

Relocation custody cases are complex and can significantly impact family dynamics. It’s essential to seek legal guidance to handle the process effectively.

Get The Answers You Need

If you have questions about your child custody situation or another child-related issue, let our team offer you the information you are looking for. Call us at 808-379-3538 or reach out to us online to schedule your initial consultation today.