Do Fathers Get Custody?
Yes – fathers can get custody in Hawaii. The Hawaii Law Practice of Jackie Kong represents mothers and fathers in child custody cases, and with more than a decade of experience, can help you in your custody dispute.
The decision as to who is given custody is done with the best interests of the child paramount. When fathers are granted custody, it is because a determination has been made that the child’s interests will be best served by the father’s having custody.
There is no legal presumption that custody belongs with the mother. In many cases, it may very well be that the family’s situation is such that the father has the better “claim” to custody. Such a claim is not synonymous with money, or a better home, but rather with the “physical, mental, moral and spiritual well-being” of the child that the statute requires as the basis for every custody determination. (Hawaii Statutes Section 571-46.) In all cases, the court will consider a number of factors, including:
- The overall quality of the parent-child relationship
- The history of care giving or parenting by each parent prior to separation
- Any history of neglect or emotional abuse of the child
- The physical and emotional health needs of the child
- The safety of the child
- The educational needs of the child
- Each parent’s actions demonstrating that he or she allows the child to maintain family connections through family events and activities
There is no “automatic assumption” that the father is second-best when it comes to child custody. As the statute lays out, the same factors are considered for each, or either, parent.
