FAQs About Child-Related Issues And Cases

Last updated on January 9, 2026

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.

What are the requirements for obtaining child support in Hawaii?

In Hawaii, a parent who has primary custody of a child can request child support from the other parent through the Child Support Enforcement Agency or Family Court. Hawaii uses specific guidelines to calculate support amounts based on both parents’ incomes, the number of children and child care costs. The court also considers each child’s medical needs, educational expenses and standard of living when determining the final support amount. Both parents must provide detailed financial information, including income statements, tax returns and expense documentation during this process.

How does the Hawaii court determine child visitation rights?

When making visitation decisions, Hawaii courts prioritize the options that serve the child’s best interests. A judge considers many factors, including each parent’s ability to provide a safe home and the child’s relationship with each parent. The court may also consider the child’s preferences, particularly for older children who can express reasonable opinions about their living arrangements.

What is Hawaii’s stance on relocation with children after divorce?

Hawaii values family bonds highly, and judges worry about moves that might cut a child off from important relationships and support. This is why Hawaii courts take relocation cases very seriously. If you want to move with your child after a divorce, you typically need permission from the other parent or the court. The parent wishing to move must prove that the relocation truly benefits the child, not just themselves. The court looks at several factors, including why the parent wants to move, how the child will stay connected to the other parent and what the child needs for their education and emotional health.

Can grandparents in Hawaii obtain visitation rights?

Yes, Hawaii law allows grandparents to seek visitation rights in certain situations. To do so, they have to show how it serves the child’s best interests and does not interfere with the parent-child relationship. Grandparents have a stronger case when they previously had a meaningful role in the child’s life or when one parent is deceased, incapacitated or absent.

What legal protections are in place for children experiencing domestic violence in Hawaii?

Hawaii has several strong legal protections for children who experience domestic violence. These include temporary restraining orders, which can quickly remove children from dangerous situations. Hawaii courts can limit or supervise an abusive parent’s contact with children and may consider evidence of domestic violence as a major factor when making custody decisions. Furthermore, child protective services can step in to place children in safe temporary homes when necessary, while providing support services to help families heal.

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