§571-46.1 Joint custody. (a) Upon the application of either parent, joint custody may be awarded in the discretion of the court. For the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court shall, upon the request of either party, direct that an investigation be conducted pursuant to the provisions of section 571-46(a)(4).
(b) For the purposes of this section, "joint custody" means an order awarding legal custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents, pursuant to a parenting plan developed pursuant to section 571-46.5, in such a way as to assure the child or children of frequent, continuing, and meaningful contact with both parents; provided, however, that such order may award joint legal custody without awarding joint physical custody.
(c) Any order for joint custody may be modified or terminated upon the petition of one or both parents or on the court's own motion if it is shown that the best interests of the child require modification or termination of the order.
(d) Any order for the custody of the minor child or children of a marriage entered by a court in this State or any other state may, subject to the jurisdictional requirements set forth in sections 583A-201 to 583A-204, be modified at any time to an order of joint custody in accordance with this section. [L 1980, c 52, §2; am L 2002, c 124, §3; am L 2005, c 244, §4; am L 2008, c 114, §3]
Law Journals and Reviews
Hawaii's Statewide Child Support Guidelines. 14 HBJ, no. 13, at 9 (2011).
Case Notes
Where joint custodial parents are deadlocked regarding an important decision implicating their child's future or welfare, such an impasse qualifies as a material change in circumstances sufficient to warrant the family court's consideration of a change in the custody order's terms with respect to the deadlocked matter. 133 H. 415 (App.), 329 P.3d 320 (2014).
Structure Hawaii Revised Statutes
571-1 Construction and purpose of chapter.
571-3 Family courts, divisions of circuit courts.
571-4 Family courts, circuits.
571-5 Board of family court judges.
571-6 Appointment and duties of employees.
571-8 District family courts; district family judges; appointment; sessions.
571-8.1 Qualifications; tenure; removal.
571-8.2 Salary of district family judges.
571-8.3 Disqualification; absence; vacancy.
571-11 Jurisdiction; children.
571-12 Transfer from other courts.
571-13 Retention of jurisdiction.
571-21 Complaint; investigation; petition.
571-22 Waiver of jurisdiction; transfer to other courts.
571-22.5 Appeal of waiver of jurisdiction.
571-23 Summons; notice; custody of minor.
571-24 Failure to answer summons; warrants.
571-31 Taking children into custody; release; notice.
571-31.1 Standard for detention.
571-31.2 Juvenile intake and diagnostic services.
571-31.3 Voluntary assistance.
571-31.4 Informal adjustment, law violators.
571-31.5 Informal adjustment, status offenders.
571-31.6 Informal adjustment, minor who may be both law violator and status offender.
571-32 Detention; shelter; release; notice.
571-32.1 Contract and fee-for-service accommodations.
571-33 Detention and shelter facilities.
571-34 Criminal history record checks.
571-41 Procedure in children's cases.
571-41.1 Extradition of minors to Hawaii.
571-41.2 Extradition of minors from Hawaii.
571-42 Procedure in adult cases.
571-43 Additional remedies not pleaded.
571-44 Physical or mental examination and treatment.
571-46 Criteria and procedure in awarding custody and visitation; best interest of the child.
571-46.2 Orders relating to custody and visitation cases.
571-46.4 Child custody evaluators; qualification; registry; complaints.
571-46.6 Criteria and procedure in awarding custody and visitation; disability.
571-47 Determination of parentage of child born in wedlock.
571-48.5 Probation supervision requirements.
571-48.6 Earned discharge from probation; reporting requirements.
571-50 Modification of decree, rehearing.
571-51 Support of minor committed for study or care.
571-51.5 Modification of support and visitation decrees.
571-52 Assignment by court order of future income for payments of support.
571-52.3 Immediate income withholding.
571-52.5 Guidelines to determine child support amounts.
571-52.7 Award of costs and reasonable attorneys' fees.
571-55 Certification in lieu of oath.
571-61 Termination of parental rights; petition.
571-62 Hearing; investigation and report.
571-71 Juvenile crime prevention bureau; establishment of.
571-72 Duties and powers; reports; expungement of juvenile arrest records.
571-73 No limitations on family courts.
571-74 Rules and standards; investigation and questioning; fingerprinting and photographing.
571-82 Court sessions; quarters.
571-83 Court and witness fees.
571-84.5 Support order, decree, judgment, or acknowledgment; social security number
571-84.6 Minor law violators; proceedings and records not confidential.
571-85 Authority of probation officers; additional probation officers.
571-87 Appointment of counsel and guardian ad litem; compensation.
571-88 Orders expunging juvenile arrest records.
571-89 Family court; annual report.
571-93 Duty to cooperate and disclose information.
571-94 Hearings; electronic participation.
571-95 Sole factor; effect on existing orders.
571-96 Visitation and contact.
571-97 Delegation of the deployed parent's contact rights to another.