Chapter 571 of Title 31 in the Hawaii Revised Statutes contain the state laws that govern child custody. Within these laws, parents can find the rules and guidelines that regulate how a custody and visitation schedule must be made. This is important information to know because the custody schedule dictates how much time each parent will have with the child until the child is an adult. Here are some of the laws in the Revised Statutes that parents should know about making the custody schedule.
1. The best interest of the child. Chapter 571-46 makes it very clear that the visitation schedule must be made with the best interest of the child as the focus. The schedule must fit the child's needs and provide for the welfare of the child. Parents must consider a schedule that benefits the child.
2. Grandparent visitation. Chapter 571-46.3 contains the state's policy on grandparent visitation. A grandparent may petition for visitation and the state will order it if the visitation is in the child's best interest. The parents must receive notice of the petition. A grandparent must show the court that the child has had frequent contact with the grandparent in the past and it will benefit the child to continue to have the contact. If grandparent visitation is granted, the visitation schedule must be made to accommodate it.
3. The custody schedule and parenting plan. The state of Hawaii, in Chapter 571-46.5, requires that parents submit a parenting plan to the court. Parents can work together on that plan, or each parent can submit an individual plan. This plan must include information about parenting time. This is basically a custody schedule. The custody schedule can cover information about the residential schedule, holiday time, special events, and other times of custody and visitation.
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