FAQs About Child-Related Issues And Cases

At Coates Frey & Hackett, AAL LLLC, we have handled more than 30,000 cases here in Hawaii. Our attorneys’ experience helps you significantly when facing child-related questions and legal issues, and we offer compassionate and client-focused guidance. To start, here are some of the questions our lawyers see most often:

How does Hawaii’s adoption process differ from other states?

The adoption process is unique in Hawaii. For one thing, Hawaiian culture recognizes informal adoptions known as “hanai” adoptions. They are not legally binding. However, during a formal adoption, an existing hanai adoption can play a role, as the court focuses on the child’s best interests. Another key aspect to note is that home studies are mandatory before adoption in Hawaii.

What factors does Hawaii consider when determining child custody in divorce cases?

The best interests of the child are paramount in custody cases. Key factors courts consider include:

• Existing parent/child relationships
• The parents’ ability to address a child’s specific needs
• The parents’ age and mental and physical health
• The child’s community, school and home life
• Any problematic history, such as substance abuse or domestic violence
• The child’s own wishes and desires, depending on their age

At Coates Frey & Hackett, AAL LLLC, our experienced attorneys can help you address each area and present a strong case.

How can I establish paternity in Hawaii if I’m not married to my child’s mother?

There are multiple ways to establish paternity in Hawaii, such as signing a Voluntary Establishment of Paternity form, filing a paternity action in family court or carrying out genetic testing. DNA testing is over 99% accurate. Establishing paternity allows the court to address issues like child custody, visitation rights and child support orders.

What’s the difference between guardianship and adoption in Hawaii?

A guardianship is temporary and doesn’t terminate parental rights while still allowing an adult to legally care for a child. An adoption is permanent, and it terminates the rights of the biological parents.

How does Hawaii handle child custody and visitation in cases involving military families?

Parents who are deployed get protection under the Hawaii Military Parents’ Rights Act. For instance, it can expedite hearings, set up virtual visitation and even give family members visitation rights. Additionally, it ensures that permanent custody changes will not be made due to military deployment.

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