Hawaii divorce law dictates that child custody arrangements be made in the best interest of the child. Typically, this means that divorced parents share custodial time, but what happens when a parent wants to relocate with their child? The distance between Hawaii and the mainland can complicate joint-custody arrangements. Below is a brief guide to how child custody decisions are handled when an ex-spouse wishes to relocate.

Modifying Child Custody Arrangements

Modifying a child custody agreement requires permission from a judge per Hawaii divorce law. The spouse requesting the modification must file a petition, then prove that the adjustment is in the best interest of the child via a hearing. Common reasons for custody modification requests include child safety issues, medical problems, or relocation of one of the parents. Even if both parents agree on the terms of a new arrangement, the arrangement must be reviewed and approved by a judge to be legally binding.

Divorce Law Relocation Considerations

When determining whether a custody modification should be made as a result of a parent’s desire to relocate, a judge will consider several factors. Typically, they’ll want to ensure that the non-custodial parent’s relationship will not be negatively affected by the move. If the distance makes weekly visitations difficult, they may grant alternative arrangements such as a full month of custody during the summer and/or regular communication via Skype or FaceTime. The court will also consider how compliant both parents have been regarding the current custody arrangement, as well as take the child’s own wishes into account. In some cases, the judge may decide that the move is not in the best interest of the child and grant primary custody to the parent who isn’t relocating.

If you’re dealing with a modification to your child custody agreement, the Law Office of Carmen DiAmore-Siah in Honolulu, HI, can help. With more than 20 years of experience in divorce law, DiAmore-Siah and her expert legal team will help you navigate the complicated process and ensure that the best interests of both you and your child are represented. Visit the firm’s website to learn more, and call (808) 531-2277 to schedule a consultation today.