Custodia

If a judge determines that family violence has occurred, the judge should assume (“presume”) that joint custody or sole custody with the abuser is not in the best interest of the child. However, the abusive parent can try to present evidence to change the judge’s mind.¹

When making a decision about custody, the judge must consider the:

• safety and well-being of the child;
• safety and well-being of the parent who is the victim of family violence; and
• abuser’s history of committing, or causing reasonable fear of, physical harm, bodily injury, or assault.¹

Additionally, if a parent relocates because s/he is a victim of family violence, the judge cannot consider the victim’s relocation or absence as a negative factor when making a decision regarding custody or visitation.¹

¹ HI ST § 571-46(a)(9)