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Legal Information: Hawaii

Statutes: Hawaii

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Updated: 
May 28, 2020

571-46.6. Criteria and procedure in awarding custody and visitation; disability

The court shall not consider the disability of a person seeking custody or visitation of a minor to be the sole factor in the court’s determination made pursuant to this part. If the court makes a determination to deny custody or visitation to a person who is disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a person seeking custody or visitation impairs the person’s ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.