Divorce can be challenging for anyone. But if you’re a parent, legally ending your marriage can lead to stressful scenarios—such as determining who will get child custody rights. Since these decisions can get complicated in court, you should become familiar with the process and what can impact the official decision. If you’re concerned about your parental rights, here’s some important information about child custody.

What You Should Know About Child Custody

What are the different types of custody arrangements?

There are two general classes of child custody: legal and physical. A legal arrangement allows you to make decisions on behalf of your offspring. A physical arrangement means that you’re expected to provide your child with a home and other resources for daily living.

Depending on the court’s findings, these arrangements may be full or joint. With full custody, only one parent has legal and physical rights. In joint situations, both parents share these responsibilities on an established schedule, which will usually be determined by the court.

How does the court determine custody?

According to Hawaii law, custodial rights should be based on many different factors that illustrate which arrangement serves the best interests of the child. For example, a parent with a criminal history or unstable living situation won’t be seen as a viable caregiver for a young person.  

If the initial court order is unfavorable, you may be able to request a modification in the future.

How can I simplify the custody hearing process?

If you want to avoid heated court hearings and conflict with your ex-partner, you may want to form a parenting plan. This plan should include mutually-agreed-upon details on how the child will be cared for and how parental rights will be managed. If both parties can agree, there won’t be a need for a drawn-out hearing.

What actions can jeopardize my parental rights?

Even if you successfully demonstrate your capabilities as a parent, the court can still deny you full or joint custody. Ignoring court orders, changing jobs, and relocating are just a few ways you might put your parental rights at risk.

If you’re in a child custody battle, the Law Offices of Brian J De Lima can provide the legal support you need. Practicing family law in Hilo, HI, this Oahu firm is well-versed in the state laws that can influence custody decisions. These caring lawyers will learn the details of your situation and craft a strategic plan to make an excellent case on your behalf. To learn more about these attorneys and their capabilities, visit their website. If you’d like to schedule a consultation, call (808) 969-7707.