When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child, related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, Hawaiian courts will intervene and establish custody arrangements based on the best interests of the child.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

In Hawaii, courts may award custody to either parent as well as to other persons, based on the best interests of the child. If the parents cannot come to an agreement regarding child custody issues, the court will establish the custody order at its discretion. If a child is capable of making an informed and intelligent choice, Hawaiian courts will consider the wishes of the child in the custody determination. A custody award may be modified or changed whenever the best interests of the child require or justify a change. A comprehensive summary of divorce and child custody laws in Hawaii can be found at lawyers.com.

According to findlaw.com, courts consider various factors when awarding child custody, most importantly the best interests of the child. This “best interest” standard varies state to state, but some of the most common standards applied by states such as Hawaii include the following:

• The wishes of the child (if he or she is old enough to capably express a reasonable preference)
• Mental and physical health of the parents
• Religion and/or cultural considerations
• Need for continuation of a stable home environment
• Support and opportunity for interaction with the extended family members of either parent
• Interaction and interrelationship with other members of the household
• Adjustment to school and the community
• Age and sex of the child
• Parental use of excessive discipline or emotional abuse
• Evidence of parental drug, alcohol, or sex abuse

In Hawaii, courts may award reasonable visitation rights to parents, grandparents, siblings, or any person interested in the welfare of the child, unless it is shown that the visitation rights are detrimental to the best interests of the child. According to divorcesource.com, a court may award visitation to a parent who committed family violence only if the court finds that adequate provision can be made for the physical safety and psychological well-being of the child as well as for the safety of the parent who is the victim of family violence.