Basics of Child Custody and Visitation You Must Be Aware!
On the divorce of parents, it's quite difficult for children to get involved. The major issue in such cases arises about child custody and visitation. The favored parent desires to have a child in the whole proceeding. Quite so often the cases are seen where parents try to manipulate children & put them in their battle.
However, Hawaii's child custody laws don’t let them manipulate or hurt the child in any manner. There are varied types of child custody and if you were preparing for divorce for a long then you might have searched for it. If not, then no issues as this article will help you explore different types and let you make the right decision.
Types of child custody!
There are several types of child custody in Hawaii. Let’s get into the discussion of the Hawaii child custody law and types!
- Legal custody
Legal custody is the set of rights and responsibilities made for taking major decisions in a child’s life. These decisions are related to residence, education, and healthcare. A parent having legal custody of the child should still confer with the parent who does not have custody, if they are unable to come to a joint decision about the betterment of the child then the legal custody has the authority to take the final call.
- Physical custody
Physical custody is simply having a child in your possession. The court often designates the parent having legal custody as also having primary physical custody. Meanwhile, the child resides with that parent. The other parent in an uncontested divorce in Hawaii usually gets visitation with mutual consent. If the parents cannot decide visitation mutually, then the parent who has physical custody can right to have a written visitation schedule. The parent having physical child custody has all the rights to make decisions of a child just as any parent can.
- Joint legal custody
Joint legal custody is often favored in courts in Hawaii. It means that both parents consult with each other and agree with each other on any of the big decisions of a child’s life. If the parents having joint legal custody cannot agree on a major decision then the parents will have to return to court.
- Sole legal custody
When parents cannot agree on how to raise their child together, then the court comes up with the decision of sole legal custody. The parent having sole legal custody gets all the rights of how the child is going to be raised.
The court can anytime review the decision if the legal custodian’s decision is not in the child’s best interest in getting proper care and education.
- Visitation
Visitation or time-sharing term refers to the time that a child spends with the parent who does not have any kind of custody. The visitation rights are also conferred to noncustodial parent. It is also a child’s right to meet the other parent or noncustodial parent. Access and visitation are not conditioned upon the payment of child support.
Similar Article: Alimony Hawaii Guide: Law, Calculation, and Everything You Should Know!
Hawaii child custody laws
Hawaiian child custody laws generally involve a judge overseeing custody decisions. The judge will make sure that none of the parents overrule any decision. They must have followed the parenting plan which involves-
- The continuity of the parent-child relationship in the best possible way
- Decisions are taken by keeping child’s interest in focus
- Custodial parents make day to day decisions
- Both the parents need to have access to a child’s official records
Common Child Custody Arrangement!
The child custody agreement depends upon your case. The type of child custody selected in your case depends on the factors that revolve around the betterment of your child. Every case is different and complexities are also different. You will need the assistance of an experienced child custody attorney to get your best outcome.
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