Until very recently, child custody determinations after a divorce were somewhat ironclad, with a very high threshold to meet before the courts would even consider a change in custody. As the divorce attorneys at Everett Cuskaden & Associates ALC explain, Hawaii’s courts held that parents could only seek modifications to the agreement if they could demonstrate that there had been a “material change of circumstances,” including a lost job, increase in income, or other major change to either parent’s lifestyle.

After a divorce, many parents have found themselves unable to meet that threshold, even when a change in custody would clearly be in the best interests of the children. Unless the circumstances were extreme, the courts would not be willing to review previous orders. Recently, in Waldecker v. O'Scanlon, the Supreme Court found that the “best interests of the child” are the sole justifiable grounds for determining custody, and that the threshold of “material changes of circumstance” the courts had relied on for determining whether to allow a review was an artificial barrier created by case law..

According to Everett Cuskaden & Associates ALC's divorce attorneys, this decision essentially gives divorced parents the right to file for custody changes any time they believe the current arrangement is no longer in the best interests of the children. Circumstances change, and this ruling gives Hawaii's families the legal right to adapt their custody arrangements to meet them.

For over 35 years, the divorce lawyers at Everett Cuskaden & Associates ALC have been helping families throughout the state cope with the most difficult legal situations. To learn more about how this landmark ruling may affect you and your family, call their offices at (808) 545-1331, or visit their website to read more about their range of legal services.