Hawaii Child Custody State Law

Hawaii Revised Statutes, Title 571, Section 571-46 (H.R.S. See. 571-46).

In cases for divorce, separation, annulment, separate maintenance, or a custody proceeding courts may make an order for the custody of the minor child as may seem necessary or proper. In awarding custody, the court shall be guided by the following standards, considerations, and procedures: custody should be awarded to either parent or to both parents (or to
third persons) according to the best interests 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. Reasonable visitation rights shall be awarded to parents, grandparents, and any person interested in the welfare of the child in the discretion of the court, unless it is shown that rights of visitation are detrimental to the best interests of the child. There is a presumption that it is not in the best interest of the child to be placed in the custody of a perpetrator
of family violence. In such cases, a court may prohibit overnight visitation or order that visitation be supervised at the expense of the perpetrator parent or the exchange of a child occur in a protected setting; order the perpetrator of family violence to attend and complete intervention or counseling programs or abstain from alcohol or controlled substances during the visitation periods; pay a fee to defray the costs of supervised visitation or require a bond be posted as security for the
return and safety of the child.

A custody award shall be subject to modification or change whenever the best interests of the child
require or justifY the modification or change.

Fathers Rights Blog | Child Custody State Law List .. Above info from a 2004 legal publication.
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