Child custody orders in Hawaii are not always permanent. As families grow and change, the law allows custody arrangements to be modified. However, a judge must approve any change.
The deciding factors in all custody cases, including modification requests, are the child’s best interests. Below are some key points to keep in mind.
When can custody be changed?
The court will only modify custody if there has been a “material change in circumstances.” This means something significant must have happened since the last custody order. Examples include one parent moving, changes in the child’s needs or legitimate safety concerns. The court always prioritizes the best interests of the child.
Who can request a modification?
Either parent can ask the court to modify custody. In some cases, other people, such as grandparents or legal guardians, may also request changes, but only in limited situations. To start the process, the person requesting the change must file a motion with the family court. Supporting evidence must be included to show why the current order no longer works.
The court looks at many factors when deciding if a change is in the child’s best interests. These may include the child’s relationship with each parent, emotional and physical needs, school stability and any history of domestic violence or substance abuse. The court will also listen to older children’s preferences if they are mature enough to express them.
Modifying custody can be complicated. If you believe a change is necessary, it’s important to seek legal guidance. This can help you prepare a strong case and show that a modification is what’s best for your child.
