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When child custody issues need resolution, parents can take them to Hawaii Family Courts or reach agreements on their own. Several options exist for making agreements and preparing parenting plans in your children’s best interests. If you’re considering a legal separation or divorce, learn about the basic types of custody agreements below.

4 Types of Agreements for Child Custody

1. Joint Custody

Parents with joint legal custody of their children make legal decisions together about issues such as health, education, and religious upbringing. Joint physical custody means you and your ex-spouse share responsibilities of physical care for the children, which is easiest when you live near each other.

2. Full or Sole Custody

child-custodyIf you agree to full or sole child custody, either you or your former spouse has total parental control. As with joint custody, one parent can have sole legal custody, sole physical custody, or both.   

3. Split Custody

Rarely used, split custody divides responsibilities between separated or divorced parents. Each parent receives physical or legal custody of different children, which goes against the court’s general principle of keeping siblings together. Courts consider factors such as the children’s ages, parental preferences, and individual special needs.

4. Non-Parental or Third-Party Custody

If you agree to allow a third party to take custody of your children, the person may be their grandparent, your sibling, or a state foster caretaker. This situation arises if neither parent can provide the care the children need. You might make this choice on a temporary basis if you’re going to jail, a remote military deployment location, or a physical or mental health care facility for long-term treatment or rehabilitation.

 

Parents going through legal separation or divorce receive sound advice and vigorous advocacy from Coates, Frey, Tanimoto & Gibson, AAL, LLLC, in Honolulu, HI. Drawing on 35 years of experience, these skilled and compassionate family attorneys help their clients work out beneficial solutions for child custody matters. Learn more about their practice online, or call (808) 524-4854 to schedule a free consultation.

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