When parents who live in Hawaii separate or divorce, they need to work out a custody arrangement. Parents need to set aside their personal feelings to focus on what their children need for their long-term health and happiness.
Understanding what the courts require as far as the allocation of parental rights and responsibilities can make it easier for parents to settle matters on their own behalf outside of the court system. They can then proceed with an uncontested request for a formal custody order.
What are the two types of custody that parents must share in most cases?
Physical custody
Physical custody is typically the priority during custody proceedings. Both parents want to spend as much time as they can with their children. Physical custody entails having time with the children and responsibility for meeting their needs. Most of the time, parents share physical custody. Occasionally, one parent has the vast majority of time with the children while the other only sees them occasionally.
Legal custody
Parents also generally have to share the authority that comes with parenthood. Legal custody is the power to make decisions for the children. Typically, parents share legal custody even when they live separately. They each have the power to make decisions during their own parenting time. Major matters, such as changing where the children live or the school that they attend, may require an agreement between the parents.
Parents can work out their own arrangements for splitting up legal and physical custody, or they can ask a judge to create a custody order if they cannot agree with one another. Understanding the basics of child custody proceedings can empower parents to put their children first and push for the best terms possible.