Hawaii Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Hawaii divorce
How custody is determined §571-46
Courts determine custody based on the best interests of the child, considering each parent's fitness, child's wishes (if of sufficient age), and the child's relationship with each parent.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §576D-7
Hawaii uses an income-shares model to calculate child support.
- Based on combined net income of both parents using Hawaii Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings of special circumstances
- Health insurance and childcare costs factored into the calculation
- Income can be withheld directly from the paying parent's employer §576E-16
The parenting plan
Most Hawaii courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce §580:9
Courts may issue orders relative to the personal liberty and support of either spouse pendente lite while the complaint is pending, and may compel either spouse to advance reasonable amounts for trial expenses, including attorney's fees, incurred by the other spouse. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Custody may be modified upon showing a material change in circumstances and that modification is in the child's best interests. §571-46
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Related guides
- Based on combined net income of both parents using Hawaii Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings of special circumstances
- Health insurance and childcare costs factored into the calculation