Hawaii Family Court: Custody and Parenting-Time Guide
Plain-language Hawaii information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.
This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.
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Find the right family court
The custody or parenting-time route described in this guide is handled through the Hawaiʻi Family Courts. Other family-law matters can follow a different court or procedure.
Hawaiʻi's Family Courts are divisions of the circuit courts. The Judiciary's Family Courts page is the statewide starting point for court information.Sources:Hawaii Revised Statutes section 571-3, Family courts, divisions of circuit courts, Family Courts
How Hawaii courts decide custody
In a custody dispute, Hawaiʻi law directs the court to use the child's best interests when awarding custody.Sources:Hawaii Revised Statutes section 571-46, Criteria and procedure in awarding custody and visitation; best interest of the child
The statute lists considerations that include the child's relationships, caregiving history, health, emotional, safety, educational, and sibling-relationship needs.Sources:Hawaii Revised Statutes section 571-46, Criteria and procedure in awarding custody and visitation; best interest of the child
Key legal sources
Hawaii Revised Statutes § 571-46Sources:Hawaii Revised Statutes section 571-46, Criteria and procedure in awarding custody and visitation; best interest of the child
Parenting time
Hawaiʻi law uses visitation and provides that visitation rights are awarded in the court's discretion unless visitation would be detrimental to the child's best interests.Sources:Hawaii Revised Statutes section 571-46, Criteria and procedure in awarding custody and visitation; best interest of the child
Joint custody may be awarded in the court's discretion, and joint physical custody is defined by a parenting plan that provides frequent, continuing, and meaningful contact with both parents.Sources:Hawaii Revised Statutes section 571-46.1, Joint custody
Key legal sources
Hawaii Revised Statutes § 571-46.1Sources:Hawaii Revised Statutes section 571-46.1, Joint custody
How to file
This limited route is an uncontested determination of parentage in the Family Court of the First Circuit on Oʻahu. It is for parties with complete agreement about who the child's parents are and is limited to birth, alleged genetic, presumed, or functional parents. It excludes contested parentage, divorce, modification, enforcement, emergency, nonparent, child-protection, interstate, and surrogacy matters.Sources:Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094
Complete the five initial documents
Complete, sign, and date the Petition to Determine Parentage, Summons, Parentage Action Information, Notice of Confidential Information, and Notice to Attend Kids First. The clerk signs the Kids First notice and provides its date.Sources:Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094
File the initial documents with the First Circuit
A self-represented petitioner files the initial documents in person at the courthouse with the filing fee or an Ex-Parte Motion to Waive Filing Fees. After initial filing, a self-represented party may choose to register for the Judiciary Electronic Filing and Service System for later documents.Sources:Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094
Serve the filed documents and meet the uncontested submission timing
The petitioner is responsible for serving the Summons and all other filed documents on every respondent. Submit the remaining documents for the uncontested route as soon as possible and no fewer than three days before the scheduled hearing.Sources:Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094
Prepare the agreed parentage materials
Each party seeking to establish or disestablish parentage completes the applicable affidavit before a notary and includes the supporting documents required for that affidavit. Prepare the proposed Stipulated Uncontested Judgment of Parentage, and each respondent completes an Appearance and Waiver after reviewing the proposed judgment and any proposed orders.Sources:Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094, Stipulated Uncontested Judgment of Parentage, Form 1C-P-1085
Add custody, visitation, or support materials only when the parties fully agree
If the parties also have a complete agreement about custody, visitation, or support, they may submit proposed stipulated orders. A party seeking agreed child support completes the Child Support Guidelines Worksheet; the instructions add different materials when payment is through the Child Support Enforcement Agency or directly between the parties.Sources:Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094
Official forms
Open the official forms portal.
The Hawaiʻi Judiciary publishes Family Court forms by circuit. For this First Circuit route, use the Oʻahu Family Court forms page with the current Instructions for Uncontested Parentage Action, Form 1F-P-3094.Sources:Family Court Forms for Oʻahu, First Circuit, Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094
Free court self-help
Find court self-help near you.
Hawaiʻi Judiciary Access to Justice Centers
The Judiciary describes courthouse Access to Justice Rooms and Self Help Centers where volunteer attorneys and advocates provide legal information and help people navigate forms and court processes. Availability varies by location.Sources:Access to Justice Initiatives
Legal-aid organizations
Legal Aid Society of Hawaiʻi
Area served: Hawaiʻi, with separate Oʻahu and neighbor-island intake hotlines.
The provider lists intake-hotline and online-intake information for its civil legal services.Sources:Get Help
Eligibility: The provider describes serving low-to-moderate-income people; confirm that it handles the legal issue and can offer service.
Volunteer Legal Services Hawaiʻi
Area served: The provider lists intake lines for Oʻahu, Maui, Hawaiʻi Island, and Kauaʻi.
The provider offers varying services for civil legal issues and lists intake, clinic, workshop, and volunteer-attorney programs.Sources:Get Help
Eligibility: Applicants are screened for income, assets, and legal-issue eligibility; the provider says services depend on the legal issue it handles.
Fee waivers
Hawaiʻi judges have discretion to waive prepayment of costs or to reduce or remit costs when the cost of a proceeding appears onerous in a special or extraordinary case.Sources:Hawaii Revised Statutes section 607-3, Court costs, waiver of prepayment, reduction or remission of
Who may qualify
The statutory standard is discretionary; it does not promise a fee waiver for any income level or case type.Sources:Hawaii Revised Statutes section 607-3, Court costs, waiver of prepayment, reduction or remission of
What to do
Request the First Circuit fee-waiver materials if needed
For this First Circuit route, the instructions direct a self-represented petitioner to bring an Ex-Parte Motion to Waive Filing Fees with the initial documents and say that a fee-waiver request is available from the listed Family Court Service Centers.Sources:Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094
Key statute or rule
Hawaii Revised Statutes § 607-3Sources:Hawaii Revised Statutes section 607-3, Court costs, waiver of prepayment, reduction or remission of
Attorney cost benchmark
Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.
State and local details to confirm
The First Circuit's no-hearing route depends on complete agreement about parentage and court approval of the proposed judgment before the scheduled hearing. If parentage is disputed, the instructions say the parties need to attend a hearing after the petition is filed and properly served.Sources:Instructions for Uncontested Determination of Parentage Actions in the First Circuit Family Court (Oʻahu), Form 1F-P-3094
Part of Family Law in Your State.