Hawaii family-law guide · reviewed September 20, 2026
Hawaii Custody, Visitation & Parenting Time
Current, source-linked Hawaii terminology and rules without imported out-of-state formulas.
Legal information, not legal advice. Hawaii law and local practice can change. Verify forms, fees, filing methods, service, and hearing procedure with the Family Court receiving your case.
Hawaii terminology
Custody
Legal custody (decision-making) and physical custody (where the child lives).
Visitation
The schedule for time with the child.
Best interests
The sole standard under HRS 571-46.
Family Court
Where Hawaii family cases are heard.
Core rules
- Hawaii uses 'custody' (legal + physical, sole/joint) + 'visitation'
- The court decides based on the child's best interests (HRS 571-46)
- Frequent and continuing contact with both parents is favored when safe and appropriate
- Joint custody is common but not automatic
- Joint physical custody uses a parenting plan with frequent, continuing, and meaningful contact
- Cases are heard in Family Court (part of the circuit court)
Support and modification cautions
Hawaii uses the Melson formula under the 2024 Hawaii Child Support Guidelines (eff 4/1/2024). Existing custody orders may be modified whenever the best interests of the child require or justify the change.
Official sources reviewed September 20, 2026
- HRS § 571-46 — custody & best interests
- Hawaii State Judiciary — Family Court
- Legal Aid Society of Hawaii
Always confirm current local forms, fees, and filing procedure with the Family Court clerk handling your case.