Legal Information: Hawaii

Hawaii Custody

Updated: 
November 2, 2023

What is legal and physical custody?

When the judge issues a custody order, it generally addresses these two parts of custody:

Physical custody addresses who the child will live with on a day-to-day basis. Legal custody is the right to make major decisions about your child. This generally includes decisions about issues like where your child goes to school, what kind of health care s/he receives, and what kind of religious training s/he attends.

 

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What is joint custody?

Joint custody means you share legal and physical custody with the other parent.

Joint physical custody means that the child lives with you and the other parent according to a schedule laid out by a parenting plan. The parenting plan should allow both you and the other parent to have frequent, continuing, and meaningful contact with the child.

Joint legal custody means that you and the other parent share decision-making power about important decisions regarding the child.1

1 HI ST § 571-46.1(b)

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