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Legal Information: Hawaii

Custody

Updated: 
January 11, 2024

What are the steps for filing for custody?

The specific steps for filing for custody vary, depending on your particular situation. To find out what the process will be like for you, please consult a lawyer in your area. Go to our Hawaii Finding a Lawyer page for more information.

To file for custody, you will need to write (draft) paperwork asking the court for custody. You will then need to turn in that paperwork to the court, along with money to pay a filing fee. If you cannot afford the filing fee, you may be able to request a fee waiver. Once you have turned in your paperwork and your filing fee or fee waiver, if eligible, the other party must be served with notice of the case and you will have to file proof of service in court. Then you will have an opportunity to appear in court for a hearing.1

If you and the other parent are going through a divorce, separation, annulment, separate maintenance case, or any other type of case where custody is an issue, the judge can grant a custody order while the case is pending or at the final hearing. The judge must make a custody decision by considering what would be in the child’s best interest.2

1 Hawaii Courts’ Pro Se Custody Instructions
2 HI ST § 571-46(a)