In awarding the custody, the court shall be guided by the following standards, considerations, and procedures:
- Custody may be awarded to either parent or to both parents according to the best interests of the child.
- Custody may be awarded to persons other than the father or mother whenever the award serves the best interest of the child.
- If a child is of sufficient age and capacity to reason, so as to form an intelligent preference, the child's wishes as to custody shall be considered and be given due weight by the court.
- Whenever good cause appears therefore, the court may require an investigation and report concerning the care, welfare, and custody of any minor child of the parties.
- The court may hear the testimony of any person or expert, produced by any party or upon the court's own motion, whose skill, insight, knowledge, or experience is such that the person's or expert's testimony is relevant to a just and reasonable determination of what is for the best physical, mental, moral, and spiritual well-being of the child whose custody is at issue.
- In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that family violence has been committed by a parent raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence.
[Based on Hawaii Revised Statutes 571-46]
CHILD SUPPORT:In establishing the amounts of child support, the court shall use the guidelines established under section 576D-7. The guidelines may include consideration of the following:
- All earnings, income, and resources of both parents; provided that earnings be the net amount, after deductions for taxes, and social security. Overtime and cost of living allowance may be deducted where appropriate.
- The earning potential, reasonable necessities, and borrowing capacity of both parents.
- The needs of the child for whom support is sought.
- The amount of public assistance which would be paid for the child under the full standard of need as established by the department.
- The existence of other dependents of the obligor parent.
- To foster incentives for both parents to work.
- To balance the standard of living of both parents and child and avoid placing any below the poverty level whenever possible.
- To avoid extreme and inequitable changes in either parent's income depending on custody.
- If any obligee parent (with a school age child or children in school), who is mentally and physically able to work, remains at home and does not work, thirty (or less) hours of weekly earnings at the minimum wage may be imputed to that parent's income.
[Based on Hawaii Revised Statutes 576D-7 and 580-47]
