I am a mother of 3 who is trying to get sole physical custody. How hard is this in Hawaii
Question Details: The kids have been living with me through out the seperation and he is only trying to get joint custody so he does not have to pay child support. I have a lawyer and he does not. He does not even currently have place to stay.
You didn't give much by way of details but based on the law governing these matters it sound as though you have a good shot at getting sole custody. Here's the relevant statute:
In awarding the custody, the court shall be guided by the following standards, considerations, and procedures:
- Custody may be awarded to either parent or to both parents according to the best interests of the child.
- Custody may be awarded to persons other than the father or mother whenever the award serves the best interest of the child.
- If a child is of sufficient age and capacity to reason, so as to form an intelligent preference, the child's wishes as to custody shall be considered and be given due weight by the court.
- Whenever good cause appears therefore, the court may require an investigation and report concerning the care, welfare, and custody of any minor child of the parties.
- The court may hear the testimony of any person or expert, produced by any party or upon the court's own motion, whose skill, insight, knowledge, or experience is such that the person's or expert's testimony is relevant to a just and reasonable determination of what is for the best physical, mental, moral, and spiritual well-being of the child whose custody is at issue.
- In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that family violence has been committed by a parent raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence.
[Based on Hawaii Revised Statutes 571-46]
You should note that child custody order can be modified as circumstances dictate but generally the court does not like to change such an order without sufficient reason. Additionally liberal visitation may be awarded.
