Hawaii Paternity / Parentage Petition Package

Hawaii Paternity / Parentage Petition Package

Pre-Petition Eligibility and Filing Checklist

☐ STANDING (HRS § 584-6):

• The child;
• The mother;
• A man alleged or alleging himself to be the father;
• The Child Support Enforcement Agency (CSEA) or other public authority chargeable by law with the support of the child;
• The personal representative of any deceased person who would have had standing.

☐ PRESUMPTIONS OF PATERNITY (HRS § 584-4): A man is presumed the natural father if:

• He and the child's natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage ends by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;
• Before the child's birth, he and the natural mother attempted to marry each other in apparent compliance with law (although the attempted marriage is or could be declared invalid), and the child is born during the attempted marriage or within 300 days after termination;
• After the child's birth, he and the natural mother have married, or attempted to marry, each other (although the marriage is or could be declared invalid), and (A) he has acknowledged paternity in writing filed with the Department of Health, (B) with his consent he is named the father on the child's birth certificate, or (C) he is obligated to support the child under a written voluntary promise or by court order;
• While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child;
• He acknowledges paternity in writing filed with the Department of Health.

☐ VOLUNTARY ACKNOWLEDGMENT (Form OCSH-2400):

• A signed VAP on the form prescribed by DOH / CSEA, signed under oath by both the natural mother and the natural father and witnessed, has been filed with DOH; OR
• No VAP and judicial adjudication is required.

☐ 60-DAY RESCISSION WINDOW (HRS § 584-3.5(e)): A signatory may rescind within the SOONER of:

• Sixty (60) days of signature; OR
• The date of an administrative or judicial proceeding relating to the child (including a proceeding to establish a support order) to which the signatory is a party.

☐ POST-RESCISSION CHALLENGE (HRS § 584-3.5(f)): After 60 days, the VAP may be challenged in court only on the grounds of fraud, duress, or material mistake of fact, with the burden of proof on the challenger. Legal responsibilities, including child support, shall not be suspended during the challenge except for good cause.

☐ FULL FAITH AND CREDIT (HRS § 584-3.5(g)): Hawaii courts give full faith and credit to affidavits for VAPs signed in any other state.

☐ GENETIC TESTS (HRS § 584-11): The Court may order the mother, child, and alleged father to submit to genetic tests. The Court considers the test results along with all other evidence.

☐ ICWA INQUIRY: Determine whether the child is an "Indian child" per 25 U.S.C. § 1903(4) (Native Hawaiian children are NOT "Indian children" under ICWA — but inquiry remains appropriate where Native American ancestry exists).

☐ VENUE (HRS § 584-8): The action may be brought in the Circuit where the child or the alleged father resides or is found, or, if the father is deceased, in the Circuit where probate proceedings have been or could be commenced.

☐ FILING:

• Court: Family Court of the [______] Circuit, State of Hawaii (1st Circuit — Oahu; 2nd Circuit — Maui; 3rd Circuit — Hawaii; 5th Circuit — Kauai)
• Filing fee per Family Court schedule; ex parte fee waiver available
• Caption: "Complaint / Petition to Establish Paternity, Custody, Visitation, and Support"

Document 1 — Complaint to Establish Paternity, Custody, Visitation, and Support

IN THE FAMILY COURT OF THE [______] CIRCUIT
STATE OF HAWAII

COMPLAINT TO ESTABLISH PATERNITY, CUSTODY, VISITATION, AND SUPPORT

COMES NOW Plaintiff, [PLAINTIFF FULL LEGAL NAME], by and through ☐ self-represented ☐ counsel [______________________________], and pursuant to HRS Chapter 584, alleges:

1. Parties

1.1 Plaintiff is the ☐ natural mother ☐ alleged natural father ☐ man alleging himself to be the father ☐ Child Support Enforcement Agency, residing at [______________________________], [_______] County, Hawaii.

1.2 Defendant is the ☐ alleged natural father ☐ natural mother, residing at [______________________________], [_______] County, [State].

2. The Minor Child

2.1 The minor child the subject of this action is:

2.2 At the time of the child's conception and birth, the mother was ☐ unmarried ☐ married to Defendant ☐ married to [______________________] (presumed father, see paragraph 5).

3. Jurisdiction and Venue

3.1 This Court has subject-matter and personal jurisdiction under HRS § 584-8 and § 584-9 because: ☐ the child resides in this Circuit ☐ Defendant resides or is found in this Circuit ☐ Defendant had sexual relations in Hawaii resulting in conception of the child ☐ other minimum contacts: [____________________].

3.2 Venue is proper in this Circuit.

3.3 UCCJEA (HRS § 583A-101 et seq.): Hawaii is the child's "home state" because the child has lived in Hawaii with a parent or person acting as parent for at least six (6) consecutive months immediately preceding the filing of this Complaint (or since birth if less than six months old).

4. Marital Status

4.1 Plaintiff and Defendant ☐ are not now and have never been married to each other ☐ were married on [__/__/____] and divorced/separated on [__/__/____].

5. Presumed Father (if applicable)

5.1 ☐ No man is presumed to be the father of the child under HRS § 584-4.

5.2 ☐ Defendant is presumed to be the father under HRS § 584-4 by reason of [____________________].

5.3 ☐ A man other than Defendant — [______________________] — is presumed to be the father by reason of marriage to the mother. Said presumed father is hereby joined and served with notice.

6. Paternity Allegations

6.1 ☐ NO VAP ON FILE. No Voluntary Acknowledgment of Paternity has been filed with DOH.

6.2 ☐ VAP ON FILE. A VAP (Form OCSH-2400) was executed on [__/__/____] and filed with DOH naming [______________________] as the father. Plaintiff ☐ seeks only ancillary relief ☐ challenges the VAP under HRS § 584-3.5(f) on the grounds of ☐ fraud ☐ duress ☐ material mistake of fact.

6.3 Defendant is the biological father of the child based on: ☐ sexual relations with the mother during the probable period of conception ([__/__/____] through [__/__/____]) ☐ Defendant's admissions / holding out the child ☐ DNA test results showing [____]% probability ☐ other: [____________________].

7. Custody, Visitation, and Support

7.1 Legal Custody: Plaintiff requests ☐ joint legal custody ☐ sole legal custody to [______________________].

7.2 Physical Custody / Visitation: Per the proposed Parenting Plan attached as Exhibit A.

7.3 Child Support: Calculated per the Hawaii Child Support Guidelines.

7.4 Temporary Support (HRS § 584-6.5): Plaintiff requests temporary child support based on probable paternity pending final adjudication.

7.5 Medical Insurance / Uninsured Medical Expenses: Allocated between the parties.

7.6 Birth Certificate Amendment: Upon adjudication, DOH to amend the child's birth certificate.

8. ICWA Inquiry

8.1 To the best of Plaintiff's knowledge, the child ☐ IS NOT ☐ IS an "Indian child" as defined by 25 U.S.C. § 1903(4). (Note: Native Hawaiian ancestry alone does not invoke ICWA.) If the child is an Indian child, tribal affiliation: [______________________]. Notice will be served on the tribe and the Bureau of Indian Affairs.

9. Prayer for Relief

WHEREFORE, Plaintiff prays that this Court:

A. Adjudicate [DEFENDANT/PLAINTIFF] to be the legal and biological father of [CHILD FULL LEGAL NAME];
B. Order genetic tests under HRS § 584-11 if paternity is contested;
C. Award legal custody, physical custody, and visitation in the best interests of the child;
D. Order temporary and final child support (current and retroactive) per the Hawaii Child Support Guidelines;
E. Direct DOH to amend the birth certificate;
F. Award costs and reasonable attorney's fees as authorized by HRS § 584-16; and
G. Grant such further relief as is just.

VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], declare under penalty of law that the foregoing is true and correct to the best of my knowledge and belief.

Date: [__/__/____] Signature: [______________________________]

Document 2 — Voluntary Acknowledgment of Paternity (Form OCSH-2400 — Model)

STATE OF HAWAII — DEPARTMENT OF HEALTH
CHILD SUPPORT ENFORCEMENT AGENCY
ACKNOWLEDGMENT OF PATERNITY (Form OCSH-2400) — MODEL

Pursuant to HRS § 584-3.5.

We, the undersigned natural mother and natural father, declare under oath that [FATHER FULL LEGAL NAME] is the natural father of the child described below and request that the father be added to the child's birth certificate.

CHILD INFORMATION

MOTHER INFORMATION

FATHER INFORMATION (Natural)

NOTICE OF RIGHTS, RESPONSIBILITIES, AND ALTERNATIVES

Designated staff of [______________________________ — Hospital / Birthing Center / CSEA office] have provided to both signatories (a) written materials regarding paternity establishment, (b) the forms necessary to voluntarily acknowledge paternity, and (c) oral and written descriptions of:

☐ The legal consequences of acknowledgment — this signed acknowledgment constitutes a legal finding of paternity under HRS § 584-3.5(e);
☐ The alternatives — including the right to request court-ordered genetic testing prior to acknowledging;
☐ The rights and responsibilities — child support obligation; inheritance; custody and visitation; child's right to benefits derivative of the father;
☐ Any rights afforded due to minority status if either signatory is a minor;
☐ RESCISSION RIGHT (HRS § 584-3.5(e)): Either signatory may rescind within the SOONER of (a) sixty (60) days of signature, or (b) the date of an administrative or judicial proceeding relating to the child (including a child-support proceeding) to which the signatory is a party;
☐ POST-RESCISSION CHALLENGE (HRS § 584-3.5(f)): After 60 days, the acknowledgment may be challenged in court only on grounds of fraud, duress, or material mistake of fact, with the burden of proof on the challenger. Legal responsibilities, including child support, are not suspended during the challenge except for good cause shown.

DECLARATIONS UNDER OATH

We declare under oath and under penalty of perjury under the laws of the State of Hawaii that the foregoing is true and correct, that we have read and understood the Notice of Rights above, and that we sign this Acknowledgment voluntarily.

SIGNATURES (under oath and witnessed)

Mother's Signature: [______________________________] Date: [__/__/____]

Father's Signature: [______________________________] Date: [__/__/____]

Witness Signature (designated facility staff — name and position required by HRS § 584-3.5(a)):
[______________________________] Position: [______________________________] Date: [__/__/____]

ACKNOWLEDGMENT BEFORE NOTARY (if facility witness unavailable):
State of [____________________], County of [____________________].
Subscribed and sworn to before me this [____] day of [____________], [______], by [______________________________].
Notary Public: [______________________________] Commission expires: [__/__/____]

File original with: Hawaii Department of Health, Office of Health Status Monitoring, 1250 Punchbowl Street, Honolulu, HI 96813.

Document 3 — Summons and Proof of Service

IN THE FAMILY COURT OF THE [______] CIRCUIT, STATE OF HAWAII

SUMMONS (HFCR Rule 4)

TO: [DEFENDANT FULL LEGAL NAME] at [______________________________]

You are hereby summoned and required to file with this Court and serve upon Plaintiff or Plaintiff's attorney an Answer to the foregoing Complaint within twenty (20) days after service of this Summons upon you (excluding the day of service).

IF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT, INCLUDING AN ADJUDICATION OF PATERNITY AND ORDERS FOR CHILD SUPPORT.

Date: [__/__/____]
CLERK OF THE FAMILY COURT
By: [______________________________] Deputy

PROOF OF SERVICE

I, [______________________________], being authorized to serve process under HFCR Rule 4, certify that on [__/__/____] at [__:__ a.m./p.m.] I served the foregoing Summons, Complaint, and accompanying papers on [DEFENDANT NAME] by:

☐ Personal service at [______________________________]
☐ Substituted service (left at usual place of abode with a person of suitable age and discretion: [______________________________])
☐ Certified mail with return receipt (return receipt attached)
☐ Service by publication per HRS § 634-23 in [______________________________ newspaper] for [____] consecutive weeks

Signature: [______________________________]
Server's printed name, address, and capacity: [______________________________________________]

Document 4 — Motion for Genetic Testing and Proposed Order

MOTION FOR GENETIC TESTING (HRS § 584-11)

Plaintiff respectfully moves the Court for an Order requiring the mother, child, and alleged father to submit to genetic testing, and in support states:

1. Plaintiff has filed a Complaint to Establish Paternity. Paternity is ☐ denied ☐ disputed.

2. HRS § 584-11 authorizes the Court, upon request of a party or its own initiative, to require the mother, child, and alleged father to submit to genetic tests. The Court shall determine the number and qualifications of the experts.

3. Plaintiff requests testing be conducted by [______________________________] (an AABB-accredited laboratory) with strict chain-of-custody procedures.

4. Costs of testing should be allocated: ☐ Plaintiff ☐ Defendant ☐ split equally ☐ initially the State (CSEA), subject to reallocation by final judgment.

WHEREFORE, Plaintiff prays for entry of the proposed Order.

Date: [__/__/____] Signature: [______________________________]

[PROPOSED] ORDER FOR GENETIC TESTING

This matter having come before the Court on Plaintiff's Motion for Genetic Testing under HRS § 584-11, and good cause appearing, IT IS HEREBY ORDERED:

1. Plaintiff, Defendant, and the minor child [CHILD FULL NAME] shall submit to genetic (DNA) testing at [______________________________ laboratory] within thirty (30) days of this Order;

2. The laboratory shall maintain chain of custody and report results directly to the Court and to the parties (or counsel);

3. Costs: Plaintiff [____]% / Defendant [____]%, subject to reallocation;

4. The Court will consider the test results along with all other evidence in determining paternity per HRS § 584-11 and § 584-12;

5. Failure of any party to submit to testing without good cause may result in adverse determination.

Date: [__/__/____] [______________________________]
FAMILY COURT JUDGE

Document 5 — Motion for Default Judgment and Default Judgment

MOTION FOR DEFAULT JUDGMENT (HFCR Rule 55)

Plaintiff moves the Court for entry of a Default Judgment adjudicating Defendant as the father of the minor child, and in support states:

1. Defendant was personally served with Summons and Complaint on [__/__/____].

2. Defendant has failed to plead or otherwise defend within the time allowed.

3. Defendant is not a minor or incompetent and is not in the military service entitled to the protections of the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq. (Servicemembers Affidavit attached).

WHEREFORE, Plaintiff prays for entry of the proposed Default Judgment.

Date: [__/__/____] Signature: [______________________________]

[PROPOSED] DEFAULT JUDGMENT OF PATERNITY

This matter having come before the Court on Plaintiff's Motion for Default Judgment, the Court FINDS AND ORDERS:

1. Defendant [DEFENDANT FULL LEGAL NAME] was duly served and has failed to appear or respond;

2. Pursuant to HRS § 584-15 and HFCR Rule 55, Defendant is adjudicated to be the legal and natural father of [CHILD FULL LEGAL NAME], born [__/__/____];

3. Current child support of $[____________] per month is ordered, payable through the CSEA, commencing [__/__/____];

4. Retroactive child support of $[____________] is awarded for the period [__/__/____] to [__/__/____];

5. DOH is directed to amend the child's birth certificate to reflect Defendant as the father (HRS § 584-23);

6. Each party shall bear their own costs and attorney's fees except as set forth herein.

Date: [__/__/____] [______________________________]
FAMILY COURT JUDGE

Document 6 — Judgment of Paternity with Child Support Reservation

JUDGMENT OF PATERNITY, CUSTODY, VISITATION, AND CHILD SUPPORT

This matter came before the Court on [__/__/____]. The Court, having reviewed the pleadings, taken evidence (☐ genetic test results showing [____]% probability ☐ stipulation ☐ VAP on file with DOH), and being fully advised, FINDS AND ORDERS:

FINDINGS

1. Jurisdiction and venue are proper (HRS § 584-8).

2. UCCJEA: Hawaii is the child's home state (HRS § 583A-201).

3. [DEFENDANT/PLAINTIFF] is adjudicated to be the legal and natural father of [CHILD FULL LEGAL NAME], born [__/__/____], pursuant to HRS § 584-15.

4. ICWA: The child ☐ IS NOT ☐ IS an Indian child; ICWA requirements (if applicable) have been satisfied.

ORDERS

A. Legal Custody: ☐ Joint legal custody ☐ Sole legal custody to [______________________].

B. Physical Custody / Visitation: As set forth in the Parenting Plan attached as Exhibit A.

C. Current Child Support: Per the Hawaii Child Support Guidelines (Worksheet attached as Exhibit B), the obligor [______________________] shall pay $[____________] per month commencing [__/__/____], payable through the CSEA.

D. Retroactive Child Support: Obligor shall pay retroactive support of $[____________] for the period [__/__/____] to [__/__/____], paid at $[____________] per month in addition to current support. THE COURT EXPRESSLY RESERVES JURISDICTION to modify upon a substantial and material change in circumstances and to address any future-determined arrears (HRS § 584-18).

E. Medical Insurance: [______________________] shall maintain health insurance for the child; uninsured medical expenses shared [____]% / [____]%.

F. Tax Exemption: ☐ Plaintiff ☐ Defendant ☐ Alternating shall claim the child as a dependent.

G. Birth Certificate Amendment: DOH is directed to amend the birth certificate pursuant to HRS § 584-23 / § 584-23.6.

H. Income Withholding: Issued contemporaneously per HRS Chapter 571.

I. Costs and Attorney's Fees: [______________________] is awarded $[____________] in costs / attorney's fees pursuant to HRS § 584-16.

J. This is a FINAL JUDGMENT. Modification of child support requires separate motion upon a substantial and material change in circumstances.

Date: [__/__/____] [______________________________]
FAMILY COURT JUDGE

Approved as to form:
[______________________________] Counsel for Plaintiff / Self-represented
[______________________________] Counsel for Defendant / Self-represented

Document 7 — Notice to Hawaii DOH to Amend Birth Certificate

TO: Hawaii Department of Health, Office of Health Status Monitoring, Vital Statistics, 1250 Punchbowl Street, Honolulu, HI 96813
FROM: [______________________________]
DATE: [__/__/____]
RE: Amendment of Birth Certificate — [CHILD FULL LEGAL NAME], Born [__/__/____] in [_______________], HI

Pursuant to HRS § 584-23, § 584-23.6, and § 338-17 and the Judgment of Paternity entered in the Family Court of the [______] Circuit, FC-P No. [______________], on [__/__/____] (certified copy attached), please:

☐ Add [FATHER FULL LEGAL NAME] as the father on the birth certificate of the above-named child;
☐ Amend the child's surname to [NEW SURNAME, if ordered];
☐ Issue a new certified birth certificate.

Signed: [______________________________]
[______________________________], Plaintiff / Counsel of Record

Document 8 — Petition to Rescind / Challenge Voluntary Acknowledgment of Paternity

PETITION TO RESCIND / CHALLENGE VOLUNTARY ACKNOWLEDGMENT OF PATERNITY (HRS § 584-3.5(e), (f))

COMES NOW Petitioner and respectfully petitions this Court as follows:

1. A Voluntary Acknowledgment of Paternity (Form OCSH-2400) was executed on [__/__/____] and filed with DOH on [__/__/____], naming [______________________] as the father of [CHILD FULL LEGAL NAME].

2. [ELECT ONE]

☐ RESCISSION WITHIN 60 DAYS (HRS § 584-3.5(e)): Petitioner is timely rescinding within sixty (60) days of signature and before any administrative / judicial proceeding involving the child to which Petitioner is a party. A notarized rescission has been filed with DOH.

☐ CHALLENGE AFTER 60 DAYS (HRS § 584-3.5(f)): Petitioner challenges the acknowledgment on the ground(s) of:
☐ Fraud — specifically [____________________________________________];
☐ Duress — specifically [____________________________________________];
☐ Material mistake of fact — specifically [____________________________________________].

3. Petitioner requests genetic testing under HRS § 584-11.

4. Pending the outcome, the legal responsibilities of the acknowledging father, including child support, shall not be suspended except for good cause shown (HRS § 584-3.5(f)).

WHEREFORE, Petitioner prays that the Court:

A. Set aside / declare rescinded the Acknowledgment of Paternity filed on [__/__/____];
B. Order genetic testing of all relevant parties;
C. Direct DOH to amend the birth certificate as appropriate;
D. Enter such orders for child support, custody, and visitation as the evidence warrants;
E. Grant such further relief as the Court deems just.

VERIFICATION

I declare under penalty of law under the laws of the State of Hawaii that the foregoing is true and correct.

Date: [__/__/____] Signature: [______________________________]

Document 9 — ICWA Inquiry / Declaration

DECLARATION REGARDING INDIAN CHILD WELFARE ACT (25 U.S.C. § 1901 et seq.)

I, [DECLARANT FULL LEGAL NAME], declare:

1. I have made the following inquiry regarding whether the minor child is an "Indian child" as defined by 25 U.S.C. § 1903(4). (Note: Native Hawaiian ancestry alone does NOT make a child an "Indian child" under ICWA; ICWA covers federally recognized American Indian and Alaska Native tribes only.)

2. Based on inquiry, the child ☐ IS NOT ☐ IS ☐ MAY BE an Indian child.

3. If yes, notice will be served on the identified tribe(s) and the Bureau of Indian Affairs (Pacific Region Office, Sacramento, CA) pursuant to 25 U.S.C. § 1912, and the proceedings will conform to ICWA's procedural and substantive protections.

I declare under penalty of law under the laws of the State of Hawaii that the foregoing is true and correct.

Date: [__/__/____] Signature: [______________________________]

Sources and References

• HRS Chapter 584 (Hawaii Uniform Parentage Act): https://law.justia.com/codes/hawaii/title-31/chapter-584/
• HRS § 584-3.5 (Expedited process; VAP; 60-day rescission): https://law.justia.com/codes/hawaii/title-31/chapter-584/section-584-3-5/
• Hawaii Child Support Enforcement Agency (CSEA): https://ag.hawaii.gov/csea/
• Hawaii DOH Vital Records: https://health.hawaii.gov/vitalrecords/
• Haw. Admin. R. § 5-31-21 (CSEA establishment of paternity)
• Hawaii Family Court Rules; Hawaii Child Support Guidelines
• ICWA: 25 U.S.C. § 1901 et seq.