If you only remember one point about child custody and parenting time in Hawaii, remember this: Hawaii uses Legal custody and physical custody; parenting time schedules implement physical custody.. Section 571-46 lists best-interests factors including the child’s wishes, each parent’s wishes, interaction with family, adjustment to home/school, and mental and physical health. Courts encourage joint custody / shared parenting when parents can cooperate and it serves the child; domestic violence can defeat joint arrangements. Procedure, examples, and the opinions below hang off Haw. Rev. Stat. §§ 571-46 to 571-46.5. Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders and § 571-46. Modification: A material change of circumstances is required to modify a final custody order.
Relocation with a child
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders and § 571-46.
Walking through Hawaii facts
Use this walkthrough to see which Hawaii authority does the work at each step.
Two parents in Hawaii disagree about where the child lives during the school week, and one wants to move.
- Use the labels Hawaii actually uses: Legal custody and physical custody; parenting time schedules implement physical custody..
- Apply the best-interests factors: Section 571-46 lists best-interests factors including the child’s wishes, each parent’s wishes, interaction with family, adjustment to home/school, and mental and physical health.
- Check any parenting presumption: Courts encourage joint custody / shared parenting when parents can cooperate and it serves the child; domestic violence can defeat joint arrangements.
- If a move is proposed: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders and § 571-46. Later changes follow: A material change of circumstances is required to modify a final custody order.
Custody is addressed in divorce or a custody petition. Family Court often orders mediation and parenting education. Temporary orders stabilize schedules. Final decrees allocate legal and physical custody under § 571-46.
Modifying a Hawaii custody order
A material change of circumstances is required to modify a final custody order.
How custody cases typically move in Hawaii
Custody is addressed in divorce or a custody petition. Family Court often orders mediation and parenting education. Temporary orders stabilize schedules. Final decrees allocate legal and physical custody under § 571-46.
Related Hawaii guides
Case law: custody and parenting time in Hawaii
Anastasia Y. WALDECKER, Petitioner/Petitioner-Appellant, v. John O’SCANLON, Respondent/Respondent-Appellee
…ided that Waldecker and O’Scanlon would have joint physical custody of Daughter, but if either parent moved more than two hundred miles away from either 0‘ahu or San Francisco, then sole custody would automatically revert to the remaining parent. Following the divorce, Waldecker and O’Scanlon both moved to 0‘ahu. In early 2014, Waldecker filed a petition in the Family Court of…
Anastasia Y. WALDECKER, Petitioner/Petitioner-Appellant, v. John O’SCANLON, Respondent/Respondent-Appellee is worth reading on Hawaii child custody because the court put the point in its own words: "Waldecker and O’Scanlon would have joint physical custody of Daughter, but if either parent moved more than two hundred miles away from either 0‘ahu or San Francisco, then sole custody would automatically revert to the remaining parent." Use that passage as the starting point, then read the facts that precede it.
In the Interest of JANE DOE, Born on June 4, 1987, Juvenile-Appellant
In the Interest of JANE DOE, Born on June 4, 1987, Juvenile-Appellant, 7 Haw. App. 547 (1989)
…on the priorities applicable when awarding temporary foster custody, foster custody and permanent foster custody of a child? Our answer is no. II. When the Department of Human Services of the State of Hawaii (DHS) is the family court-appointed foster custodian of a minor child, does DHS need family court approval before removing the child from the child’s Hawaii foster caretake…
On child custody, In the Interest of JANE DOE, Born on June 4, 1987, Juvenile-Appellant speaks to the Hawaii dispute in this passage: "on the priorities applicable when awarding temporary foster custody, foster custody and permanent foster custody of a child? Our answer is no. II. When the Department of Human Services of the State of Hawaii (DHS) is the family court-appointed foster custodian of a minor child, d" The surrounding opinion shows how the court applied that language to the record.
A.A., Petitioner/Petitioner-Appellant v. B.B., Respondent/Respondent-Appellee
A.A., Petitioner/Petitioner-Appellant v. B.B., Respondent/Respondent-Appellee, 139 Haw. 102 (2016)
…ld, A.A. and B.B. co-parented the child and shared physical custody of her, even after their separation as a couple. A.A. brought a petition for joint custody in the Family Court of the Third Circuit (family court) based solely on the de facto custody provision of Hawaii Revised Statutes (HRS) § 571-46(a)(2), which was denied. A.A. appealed the family court’s denial of his peti…
On child custody, A.A., Petitioner/Petitioner-Appellant v. B.B., Respondent/Respondent-Appellee speaks to the Hawaii dispute in this passage: "A.A. and B.B. co-parented the child and shared physical custody of her, even after their separation as a couple. A.A." The surrounding opinion shows how the court applied that language to the record.
In the Interest of As — Acoba, J., concurring
In the Interest of As — Acoba, J., concurring, 132 Haw. 368 (2014)
…ian. Under the present Child Protective Act, DHS can assume custody of a child either (1) when the police take custody of a child due to a threat of imminent harm, HRS § 587A-9(1), or (2).by receiving a report that a child is subject to harm and conducting an investigation, HRS § 587A-11, and subsequently filing a petition with the court. HRS §§ 587A-9(5)(C); 587A-11 § 571A-11(…
In the Interest of As — Acoba, J., concurring is worth reading on Hawaii child custody because the court put the point in its own words: "Under the present Child Protective Act, DHS can assume custody of a child either (1) when the police take custody of a child due to a threat of imminent harm, HRS § 587A-9(1), or (2)." Use that passage as the starting point, then read the facts that precede it.
In the Matter of the GUARDIANSHIP OF Jane DOE, a Minor
In the Matter of the GUARDIANSHIP OF Jane DOE, a Minor, 93 Haw. 374 (2000)
…g a change in visitation rights, and that her request for a custody evaluation filed after a hearing on the issue of custody was moot. Thus, we affirm the family court’s March 31, 1999 order denying Mother’s motion to terminate Grandparents’ guardianship, and the April 9, 1999 order denying Mother’s motion for unsupervised visitation and for a custody evaluation. I. Child was b…
On child custody, In the Matter of the GUARDIANSHIP OF Jane DOE, a Minor speaks to the Hawaii dispute in this passage: "Thus, we affirm the family court’s March 31, 1999 order denying Mother’s motion to terminate Grandparents’ guardianship, and the April 9, 1999 order denying Mother’s motion for unsupervised visitation and for a custody evaluation. I." The surrounding opinion shows how the court applied that language to the record.
In the Matter of Mary Doe II, a Child Whose Adoption is Sought to Be Facilitated by the Termination of the Parental
…hat the department of social services be given the care and custody of the child and be authorized to consent to the child's adoption by suitable adoptive parents and (3) that the father has no custodial or other parental rights to the child which are subject to termination under HRS §§ 571-61 to 571-63, and, consequently, the prayer for termination of such rights be denied.[1]…
Practitioners open In the Matter of Mary Doe II, a Child Whose Adoption is Sought to Be Facilitated by the Termination of the Parental when Hawaii child custody turns on the distinction in this sentence: "HRS §§ 571-61 to 571-63, and, consequently, the prayer for termination of such rights be denied." Do not lift it out of the facts the court was deciding.
In the Interest of John DOE, Born on July 3, 1995, John Doe, Born on October 18, 1996
…gard to the subject of visitation during the time permanent custody is in effect, and (3) it was an abuse of discretion for the court to deny Appellants' motion to intervene. We therefore vacate the aforesaid orders and remand for further proceedings in accordance with this opinion. I. On October 28, 1999, the Department of Human Services (DHS) filed a Petition for Family Super…
Practitioners open In the Interest of John DOE, Born on July 3, 1995, John Doe, Born on October 18, 1996 when Hawaii child custody turns on the distinction in this sentence: "Appellants' motion to intervene. We therefore vacate the aforesaid orders and remand for further proceedings in accordance with this opinion. I." Do not lift it out of the facts the court was deciding.
W.N. v. S.M.
W.N. v. S.M., 424 P.3d 483 (2018)
…urt denying the petition of A.A. (hereafter W.N.) for joint custody of a minor child with B.B. (hereafter S.M.). The case was remanded to the family court with instructions that it determine whether W.N. established a prima facie case of de facto custody, and if so, that the court render a custody award in the child's best interest. On remand, the family court entered an order…
Practitioners open W.N. v. S.M. when Hawaii child custody turns on the distinction in this sentence: "A.A. (hereafter W.N.) for joint custody of a minor child with B.B. (hereafter S.M.). The case was remanded to the family court with instructions that it determine whether W.N." Do not lift it out of the facts the court was deciding.
Key takeaways
- Best-interests standard: Section 571-46 lists best-interests factors including the child’s wishes, each parent’s wishes, interaction with family, adjustment to home/school, and mental and physical health.
- Labels used in Hawaii: Legal custody and physical custody; parenting time schedules implement physical custody..
- Parenting-time posture: Courts encourage joint custody / shared parenting when parents can cooperate and it serves the child; domestic violence can defeat joint arrangements.
- Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders and § 571-46.
- Modification: A material change of circumstances is required to modify a final custody order.
- Primary authority: Haw. Rev. Stat. §§ 571-46 to 571-46.5.
Best-interests factors in Hawaii
Section 571-46 lists best-interests factors including the child’s wishes, each parent’s wishes, interaction with family, adjustment to home/school, and mental and physical health.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; parenting time schedules implement physical custody.
Courts encourage joint custody / shared parenting when parents can cooperate and it serves the child; domestic violence can defeat joint arrangements.
Frequently asked questions
What does Hawaii call “custody”?
Legal custody and physical custody; parenting time schedules implement physical custody.
Can I move out of state with my child?
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders and § 571-46.
How do I change an existing custody order in Hawaii?
A material change of circumstances is required to modify a final custody order.
This guide covers Hawaii custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.