In Hawaii, as in other states in the United States, parents have the right to make decisions about their children, which is called child custody rights. There are some situations in which child custody is decided by a court that provides an order that outlines the responsibilities of each parent related to the child.
Most jurisdictions and courts prefer orders of joint custody because this arrangement allows both of the child’s parents to have more freedom in decision making and it helps preserve the child’s relationships with both of their parents.
In some situations, courts will award one parent with more decision-making rights. When this happens, that parent is referred to as the custodial parent. The child’s other parent will then be referred to as the noncustodial parent.
A custodial parent is a parent who makes the day-to-day decisions related to raising the child, such as decisions about their:
- Religious indoctrination
- Education
- Healthcare
- Other important decisions
A noncustodial parent will usually be awarded visitation rights by a court. A noncustodial parent will often be required to pay child support payments to the custodial parent.
Child support payments are intended to help the custodial parent provide basic needs for the child, including food, shelter, and clothing. If the parents are not married, there are ways a father can establish paternity.
This will give the father legal rights over the child as if he were married to the father. An unmarried father can establish paternity in different ways, such as:
- Completing a voluntary acknowledgement of paternity
- Putting their name on the child’s birth certificate
- A DNA test
Once paternity is established, the unmarried father has the ability to petition the court for visitation and custody rights. When a court makes any type of legal decision regarding a child, it will do so using the child’s best interest standard.
This standard requires that the court make decisions based on what is in the best interests of the child. This applies even if that contradicts what the child’s parents want.
Can an Unmarried Father Take a Child from the Mother?
Unmarried biological fathers will have certain rights related to their child depending on their legal status, which can be a:
- Putative father
- Presumed father
- Unmarried father
Putative father
Putative fathers are individuals who claim to be a child’s biological father but who have not yet legally established their paternity.
Presumed father
A presumed father is a person who is most likely to be the child’s father based on certain situations, including:
- The individual who is presumed to be the father treats the child as though it is his own
- The individual who is presumed to be the father acknowledged paternity of the child
- The presumed father was the husband of a marriage from which a child was born during or shortly after a divorce
Unmarried father
In most situations, unmarried fathers are treated differently than married fathers. Unmarried fathers are usually defined as biological fathers who were not married to the child’s mother at the time the child was born.
After an unmarried father has established paternity, they will have legal obligations related to their child, which may include paying child support if they are not awarded custody. If the child’s mother can show that the unmarried father is a serious threat to the child, a court may order the father to have supervised visitation or sole custody may be awarded to the mother.
An individual may be an unmarried parent residing in Hawaii who has concerns about their status as a legal parent or other child custody issues. In that case, they should consult with a local attorney in Hawaii for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Every state provides child custody laws for unmarried parents. As such, an individual should consult with an attorney in order to determine the exact laws that will apply in their case.
As previously discussed, the majority of courts order joint custody when possible. If one parent is named a custodial parent, the other noncustodial parent will likely be awarded visitation.
When issues involving paternity arise, an individual can file a request with the family court to have paternity established. In these situations, the court can order a DNA test to establish paternity.
Once paternity is established, custody issues can arise. Parents can avoid a custody battle by compromising with one another and drafting a custody agreement that suits their own lives and situations.
If the parties can reach an agreement, their attorneys will draft a written document that memorializes their agreement. It will then be submitted to the court for approval.
The court will review the agreement under the child’s best interests standard. If the parties are not able to reach an agreement, they will present evidence in court, and the court will make a custody determination.
It is very important that both parents have their own lawyers throughout a custody case. This will help make sure that the rights of the parent are protected and what will happen if certain child custody decisions are made.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents can also face other issues outside of custody. Taxes are one multi-faceted issue that unmarried parents have to address.
Both unmarried parents cannot claim the child on their income taxes. This means that they will have to agree to alternate years or another arrangement that works for them.
If there is an even number of children, the parents can agree to split claiming the children each year. This can be addressed in the agreement the parents submit to the court for approval.
Child support payments are also not taxed as income on the receiving parent’s taxes. The paying parent cannot deduct these payments from their income taxes.
As noted above, custodial parents have the legal right to child support payments from the noncustodial parent to help provide for the basic needs of the child.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
You might be an unmarried parent with issues, questions, or concerns about child custody in the State of Hawaii. If so, it is essential to reach out to a Hawaii child custody lawyer. A lawyer can provide you advice regarding the laws that will apply to your Hawaii custody case, rulings the court will likely make and how that will affect your situation, and what the court will likely consider to be in the child’s best interests.
LegalMatch provides you access to a database of pre-screened attorneys who can help you with your custody concerns. Just submit your concern for free on the website in a few minutes.
In about 24 hours, lawyers who are ready to help with your issue will respond. These responses will include information about the lawyer’s education, background, and fees.
Your lawyer will represent you during any court appearances, agreement negotiations, and mediation meetings. Having a lawyer draft your custody agreement will help ensure the court is likely to approve it, that it addresses all of the necessary issues, and will give you peace of mind knowing your case is being properly handled.
