In especially contentious divorce cases or when both parents have passed away, family courts may appoint a guardian to provide for the basic needs of a child. A guardian may temporarily protect a child’s interests during court proceedings, manage their assets, or serve as a long-term caregiver, depending on the circumstances. If you’re involved in a difficult divorce or attempting to gain guardianship of a child in Hawaii, learn more about the roles of a guardian and how they are appointed below.

Guardianship Laws in Hawaii

Guardians in Divorce

Along with most other states, Hawaii follows the Uniform Child Custody Act, which requires family courts to make custody decisions based solely on the best interests of the child. Fights to protect parental rights can become extremely bitter, so the court may decide that the child requires an impartial legal representative throughout the proceedings. In these situations, a guardian ad litem may be appointed, typically an attorney or other officer of the court, to act on the child’s behalf and help determine their best interests.

Rights of a Legal Guardian

If the parents have been declared unfit or have passed away, the court may award guardianship to a family member or other party. While this arrangement does not sever the rights of the parents, guardians do have the ability to enroll children in school and make medical decisions on their behalf. If the situation that resulted in a child’s placement with a guardian is resolved, parents may regain custody.

Guardian of the Estate

Children who inherit substantial estates or receive civil settlements often require an adult to manage these resources until they reach adulthood. The court will often appoint a guardian of their estate, who is required to handle those assets in the best interests of the child.

Whether you’re going through a divorce or seeking guardianship over a family member’s child, rely on the guidance of Everett Cuskaden & Associates ALC in Honolulu, HI, to help achieve the best possible solution. As one of Oahu’s leading family law offices, this local firm has over 35 years of experience to provide the compassionate approach and legal expertise people need to resolve cases. Visit their website for an overview of their services, or call (808) 545-1331 to schedule a consultation.