Hawaii Divorce With Children — Custody and Child Support (2026)

Hawaii courts apply a "best interests of the child" standard for all custody decisions.

Hawaii Custody Framework

Legal Custody

• Joint legal custody: Both parents share major decisions — strongly preferred in Hawaii
• Sole legal custody: One parent has authority — when co-parenting is impossible or one parent is unfit

Physical Custody

• Primary physical custody: Child primarily lives with one parent
• Shared physical custody: Substantial time with each parent

Best Interests of the Child — Hawaii Factors (HRS § 571-46)

Hawaii courts consider all relevant factors:

1. Respective needs of the child
2. Respective abilities of the parents
3. Which parent is more likely to allow the child frequent and continuing contact with the other parent
4. History of domestic violence
5. Child's adjustment to home, school, and community
6. Wishes of the child (of sufficient age and maturity)
7. Mental and physical health of all parties
8. Any other relevant factor

Domestic violence: HRS § 571-46.9 creates a presumption against awarding custody to a parent with a history of domestic violence.

Parenting Plan — Required

A comprehensive Parenting Plan must be submitted to the Family Court. It must address:

• Legal custody designation
• Primary residence and regular parenting schedule
• Holiday and school break schedule
• Healthcare decision-making
• Educational decisions and information sharing
• Transportation and exchange logistics
• Communication between parents
• Relocation provisions
• Dispute resolution (mediation first)

Hawaii Child Support — Income Shares Model

Hawaii uses the income shares model (Hawaii Child Support Guidelines — csea.ehawaii.gov):

1. Determine both parents' gross monthly income
2. Apply standard deductions
3. Use Hawaii Child Support Guidelines table (combined income and number of children)
4. Allocate proportionally between parents by income share
5. Adjust for health insurance, childcare, parenting time credit

Duration: Child support generally continues to age 18 or through high school. Parents can agree to extend to age 23 for college attendance.

Health insurance: Designated parent must maintain health insurance if reasonably available.

Income Withholding Order: Typically issued with every support order.

Last reviewed: March 2026 | HRS § 571-46 best interests | Joint legal custody preferred | Parenting Plan required | Income shares child support | Support to 18/HS graduation; can extend to 23 | csea.ehawaii.gov | Domestic violence presumption | courts.state.hi.us/self-help

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.