Hawaii courts render decisions about child custody when parents can’t agree. A family court judge is responsible for this decision. They make this decision based on testimony received from both parents. A family law attorney in Oahu prepares these parents for the battle ahead.
Determining Child Custody
It is the responsibility of the state to assign custody based on the most appropriate setting. The custodial parent must possess a stable income and work history. They must provide a healthy living environment for the child. The state doesn’t favor the mother like other states when rendering a decision.
Reviewing Protection Orders
Protection orders are secured by victims of domestic violence. These court orders apply to child custody cases when the children are included in the order. For this reason, the court reviews the conditions outlined in the order. They readdress these conditions to determine if they have improved.
The court takes any violations of the order into account. These violations are criminal offenses and require strict penalties. Serious violations could increase risks for the child. The court weighs these risks and assigns custody accordingly.
Allegations of Abuse
The court will assign a social worker after any allegations of child abuse. The social worker will conduct an investigation to assess these reports. Then, they will interview the parent in question. They will also conduct a home study to assess the welfare of the child. They will then report their findings to the court.
Receiving the Child’s Testimony
Children who are at least twelve years of age make choices about custody. A guardian ad litem is assigned for these children. They prepare the child for court and walk them through their testimony. The court receives their testimony and evaluates the parent of choice. The court assigns custody based on these choices if the parent doesn’t pose a threat to the child.
Child custody in Hawaii is determined according to several factors. The court must designate which parent is most appropriate. A judge makes this decision after reviewing all facts. This includes a review of protection orders and allegations. Parents who need assistance with this battle need a family law attorney in Oahu to represent them. These parents can hire an attorney by contacting Greg Ryan & Associates today.
