Hawai'i Sole Custody Agreement - Hawaii

STIPULATION FOR SOLE CUSTODY AGREEMENT

State of Hawai'i Family Court

Case No.: FC-P No. [________________________________] / FC-D No. [________________________________]

Circuit: ☐ First Circuit (O'ahu) ☐ Second Circuit (Maui/Moloka'i/Lāna'i) ☐ Third Circuit (Hawai'i Island) ☐ Fifth Circuit (Kaua'i)

Family Court of the [____] Circuit, State of Hawai'i

ARTICLE I: PARTIES AND CHILDREN

1.1 Custodial Parent

Full Legal Name: [________________________________]
Address: [________________________________]
Island: [________________________________]
Phone: [________________________________]
Email: [________________________________]

1.2 Non-Custodial Parent

Full Legal Name: [________________________________]
Address: [________________________________]
Island: [________________________________]
Phone: [________________________________]
Email: [________________________________]

1.3 Minor Child(ren)

1.4 Basis for Sole Custody

Under HRS § 571-46, the Court awards custody based on the best interests of the child. Sole custody is appropriate when joint custody would not serve those interests. The parties agree (or the Court has determined) that sole custody to the Custodial Parent is in the child(ren)'s best interests for the following reason(s):

☐ History of family violence by the Non-Custodial Parent (HRS § 571-46(a)(9) — rebuttable presumption against custody to perpetrator)
☐ Non-Custodial Parent's substance abuse issues
☐ Non-Custodial Parent's inability to cooperate in joint decision-making
☐ Geographic distance (Non-Custodial Parent resides on a different island or out of state)
☐ Non-Custodial Parent's extended absence (military deployment, incarceration, etc.)
☐ Non-Custodial Parent's mental health or capacity issues
☐ History of neglect or emotional abuse (HRS § 571-46(b))
☐ Other: [________________________________]

1.5 Parent Education, If Applicable

Current court form, order, or circuit instruction reviewed: [________________________________]

Program or waiver information, if applicable to this case: [________________________________]

ARTICLE II: SOLE LEGAL CUSTODY

2.1 Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody and exclusive authority to make all major decisions concerning the child(ren), including but not limited to:

A. Education:

• School selection, enrollment, and withdrawal
• Special education services, IEP, and 504 plans
• Tutoring and educational support
• Homeschooling decisions
• College planning

B. Healthcare:

• Selection of physicians, dentists, and specialists
• Authorization of non-emergency medical treatment
• Mental health counseling and therapy
• Psychiatric treatment and medication
• Elective procedures

C. Other Major Decisions:

• Religious upbringing and education
• Extracurricular activities
• Domestic travel
• Legal matters

2.2 Consultation Rights of Non-Custodial Parent

☐ No consultation required — The Custodial Parent has full authority without obligation to consult.

☐ Consultation encouraged — The Custodial Parent is encouraged, but not required, to consult the Non-Custodial Parent on major decisions. Final authority rests with the Custodial Parent.

☐ Consultation required for specified matters — The Custodial Parent shall notify the Non-Custodial Parent before making the following decisions and consider the Non-Custodial Parent's input, though the Custodial Parent retains final authority:
☐ Non-emergency surgical procedures
☐ School changes
☐ Mental health treatment
☐ International travel
☐ Other: [________________________________]

2.3 Emergency Decisions

The Custodial Parent may make all emergency decisions without prior consultation. The Non-Custodial Parent shall be notified within twenty-four (24) hours of any emergency, serious illness, injury, or hospitalization.

ARTICLE III: SOLE PHYSICAL CUSTODY

3.1 Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:
[________________________________]
Island: [________________________________]

The Custodial Parent has authority over the child(ren)'s day-to-day activities, routines, discipline, and care.

3.2 Non-Custodial Parent Visitation Schedule

Select the applicable visitation arrangement:

☐ Option A: Standard Visitation

• Alternating weekends: Friday at [____] ☐ AM ☐ PM to Sunday at [____] ☐ AM ☐ PM
• One midweek visit: [____]day from [____] ☐ AM ☐ PM to [____] ☐ AM ☐ PM
• ☐ Overnight included ☐ No overnight
• Summer: [____] non-consecutive weeks with [____] days' advance written notice

☐ Option B: Expanded Visitation

• Alternating weekends: Friday after school to Monday morning (school drop-off)
• Two midweek overnights: [____]day and [____]day, after school to next morning (school drop-off)
• Summer: [____] weeks (may be consecutive or split) with [____] days' advance written notice

☐ Option C: Supervised Visitation (when safety concerns exist)

• Frequency: [________________________________]
• Duration: [____] hours per visit
• Supervisor: ☐ Professional supervised visitation center ☐ Court-approved individual: [________________________________]
• Location: [________________________________]

• Conditions for supervised visitation:
  ☐ Completion of substance abuse treatment program
  ☐ Completion of certified domestic violence intervention program
  ☐ Completion of parenting education course
  ☐ Negative drug/alcohol test within [____] hours before visit
  ☐ Compliance with TRO/protective order under HRS Chapter 586
  ☐ Other: [________________________________]

• Supervision costs: ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]

• Review of supervision requirements: Every [____] months

☐ Option D: Inter-Island Visitation (parents on different islands)

• Regular schedule: [________________________________]
• Extended periods during school breaks: [________________________________]
• Air transportation arranged by: ☐ Non-Custodial Parent ☐ Shared
• Travel costs: ☐ Non-Custodial Parent ☐ Shared equally ☐ Proportionate to income
• Unaccompanied minor service: ☐ Required ☐ Not required
• Virtual visitation between in-person visits: [________________________________]

☐ Option E: No Visitation
Visitation is denied based on:
☐ Court finding of family violence — HRS § 571-46(a)(9) rebuttable presumption not overcome
☐ Court finding that visitation is detrimental to the child(ren)'s best interests — HRS § 571-46(a)(7)
☐ Pending criminal proceedings: [________________________________]
☐ Active protective order: HRS Chapter 586, Case No. [________________________________]
☐ Other: [________________________________]

☐ Option F: Custom Schedule
[________________________________]

3.3 Exchange Details

Exchange Location:
☐ Custodial Parent's residence
☐ Child(ren)'s school
☐ Neutral public location: [________________________________]
☐ Supervised exchange location (for DV cases): [________________________________]

Transportation Responsibility:
☐ Non-Custodial Parent provides all transportation
☐ Custodial Parent provides all transportation
☐ Receiving parent picks up
☐ Shared: [________________________________]

ARTICLE IV: HOLIDAY AND VACATION SCHEDULE

4.1 Holiday Allocation

Holidays supersede the regular visitation schedule.

4.2 Special Occasions

• Mother's Day: With Mother every year — [________________________________]
• Father's Day: With Father every year — [________________________________]
• Child(ren)'s Birthday(s): ☐ Alternating ☐ Shared ☐ Each parent celebrates separately ☐ With Custodial Parent
• Cultural observances (Hawaiian holidays, family cultural traditions): [________________________________]

4.3 Vacation Time

The Non-Custodial Parent may have up to [____] weeks of vacation per year with the child(ren), subject to:

• At least [____] days' advance written notice to the Custodial Parent
• Vacation shall not unreasonably interfere with the child(ren)'s school schedule
• Itinerary and contact information provided to the Custodial Parent
• ☐ Travel outside Hawai'i requires Custodial Parent's written consent
• ☐ International travel requires Custodial Parent's written consent and prior Court approval

The Custodial Parent may travel with the child(ren) within the United States without the Non-Custodial Parent's consent for trips of [____] days or fewer. Written notice with travel details shall be provided at least [____] days in advance.

ARTICLE V: COMMUNICATION

5.1 Parent-Child Contact During Custodial Time

The Custodial Parent shall facilitate reasonable communication between the Non-Custodial Parent and the child(ren):
☐ Daily phone/video call at approximately [____] ☐ AM ☐ PM for up to [____] minutes
☐ Reasonable access at mutually convenient times
☐ Other: [________________________________]

5.2 Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Email ☐ Text ☐ Co-parenting app: [________________________________]
☐ Communication through attorneys only (high-conflict situations)

5.3 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of:

• Any emergency, serious illness, injury, or hospitalization
• Any emergency room visit
• Any contact by law enforcement or child protective services
• Any significant change in the child(ren)'s physical or emotional health

5.4 Information Access

The Non-Custodial Parent shall have the right to:

• Access school records, report cards, and progress reports directly from the school
• Access medical, dental, and mental health records directly from providers
• Receive notification of school events and extracurricular activities
• Be listed as an emergency contact (unless restricted by court order or TRO)

The Custodial Parent shall provide copies of report cards and significant medical information within [____] days of receipt.

ARTICLE VI: PARENTAL CONDUCT

6.1 Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or cultural background in the presence or hearing of the child(ren).

6.2 No Parental Alienation

Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent, undermine the parent-child relationship, or coach the child(ren) regarding custody matters.

6.3 Substance Use

The Non-Custodial Parent shall not consume alcohol to impairment or use any illegal substances during visitation or within twelve (12) hours before visitation.

6.4 Firearms Safety

All firearms in the Non-Custodial Parent's residence shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

6.5 Timely Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Late returns without reasonable advance notice constitute a material breach.

6.6 'Ohana and Cultural Values

Both parents shall respect the child(ren)'s connection to Hawai'i's diverse cultural heritage, including Hawaiian customs, traditions, and the value of 'ohana. The Custodial Parent shall not unreasonably restrict the child(ren)'s contact with the Non-Custodial Parent's extended family.

ARTICLE VII: DOMESTIC VIOLENCE PROVISIONS (HRS § 571-46(a)(9)-(16))

☐ Not applicable — No family violence history.

☐ Applicable — The following domestic violence provisions are in effect:

A. Rebuttable Presumption. Under HRS § 571-46(a)(9), a finding that a parent has committed family violence creates a rebuttable presumption that it is detrimental to the child and not in the child's best interest to be placed in custody with the perpetrator.

B. Conditions on the Non-Custodial Parent (if perpetrator):
☐ Supervised visitation only — HRS § 571-46(a)(11)
☐ Completion of a certified domestic violence intervention program — HRS § 571-46(a)(11)
☐ Court-ordered treatment or other safety condition — HRS § 571-46(a)(11)(H)
☐ Abstinence from alcohol and controlled substances during visitation and for twenty-four hours before visitation — HRS § 571-46(a)(11)(D)
☐ Participation in parenting education
☐ Address confidentiality for the child and victim — HRS § 571-46(a)(11)(I)
☐ No contact except through a supervised exchange location
☐ Active TRO/Protective Order: HRS Chapter 586, Case No. [________________________________]

C. Step-Up Provisions. Supervised visitation may be transitioned to unsupervised upon:
☐ Completion of all court-ordered programs
☐ Demonstrated compliance for a period of [____] months
☐ Favorable report from custody evaluator under HRS § 571-46(a)(4)
☐ Court review and approval

ARTICLE VIII: RELOCATION

8.1 Proposed Move Review

This agreement does not create a statewide mileage rule or fixed 30-, 60-, or 90-day notice period. Before a move affecting the child or the ordered schedule, review the current order, jurisdiction, safety, school, travel, cost, and best-interest evidence under HRS § 571-46.

Parent considering move: [________________________________]

Proposed residence and move date: [________________________________]

Current order's notice, consent, or motion requirement: [________________________________]

Effect on the child and proposed revised schedule: [________________________________]

No automatic custody change applies. Any requested custody or visitation change must use the lawful court process.

ARTICLE IX: MODIFICATION

9.1 Modification Standard

Under HRS § 571-46(a)(6), custody and visitation may be modified "whenever the best interests of the child require or justify the modification."

9.2 Step-Up to Joint Custody

If circumstances improve (e.g., Non-Custodial Parent completes treatment, demonstrates stability), either parent may petition the Court to modify the custody arrangement to joint custody.

9.3 Child's Preference

Under HRS § 571-46(a)(3), the Court shall consider and give due weight to the wishes of a child who has sufficient age and capacity to reason so as to form an intelligent preference.

9.4 Agreed Modifications

The parties may agree to temporary schedule adjustments in writing. Permanent modifications require a stipulation filed with and approved by the Court, or a court order.

ARTICLE X: DISPUTE RESOLUTION

10.1 Optional Neutral Process. If safe, permitted by every controlling order, and agreed by the parties, they may use a qualified neutral. This Agreement does not require mediation or direct contact.

10.2 Court. The Family Court of the [____] Circuit retains jurisdiction over all disputes.

ARTICLE XI: FINANCIAL PROVISIONS

11.1 Health Insurance

☐ Custodial Parent ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).

11.2 Unreimbursed Medical Expenses

☐ Custodial Parent: [____]% / Non-Custodial Parent: [____]%
☐ Equally (50/50)
☐ Custodial Parent bears 100%

11.3 Childcare and Education

• Childcare costs: [________________________________]
• Extracurricular activities: [________________________________]
• Private school tuition (if applicable): [________________________________]

11.4 Transportation

• Visitation transportation: [________________________________]
• Inter-island travel (if applicable): [________________________________]

ARTICLE XII: GENERAL PROVISIONS

12.1 Governing Law. This Agreement is governed by HRS Chapter 571 and the laws of the State of Hawai'i.

12.2 Jurisdiction. The Family Court of the [____] Circuit retains continuing exclusive jurisdiction under HRS Chapter 583A (UCCJEA).

12.3 Amendment. This Agreement may be modified only by written agreement of both parents approved by the Court, or by Court order.

12.4 Severability. If any provision is held unenforceable, the remaining provisions continue in full force.

12.5 Integration. This Agreement constitutes the complete understanding between the parties regarding custody and supersedes all prior agreements.

12.6 Counterparts. This Agreement may be executed in counterparts, each deemed an original.

ARTICLE XIII: EXECUTION

We, the undersigned, declare under penalty of perjury under the laws of the State of Hawai'i that the foregoing is true and correct and that we enter into this Agreement voluntarily and in the best interests of our child(ren).

Custodial Parent:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Non-Custodial Parent:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

APPROVAL OF COUNSEL (if represented)

Attorney for Custodial Parent:
[________________________________], Esq. (Hawai'i Bar No. [________________________________])
Date: [__/__/____]

Attorney for Non-Custodial Parent:
[________________________________], Esq. (Hawai'i Bar No. [________________________________])
Date: [__/__/____]

ORDER

The Court, having reviewed the foregoing Stipulation for Sole Custody and having considered the sixteen best-interest factors under HRS § 571-46(b), including:

• The history of caregiving by each parent
• Each parent's ability to provide for the child(ren)'s needs
• Any history of family violence under HRS § 571-46(a)(9)
• The child(ren)'s adjustment to home, school, and community
• The mental and physical health of each parent

Hereby:

☐ APPROVES the Stipulation and incorporates it as an order of this Court.
☐ APPROVES WITH MODIFICATIONS: [________________________________]
☐ DENIES the Stipulation. Reasons: [________________________________]
☐ ORDERS a custody evaluation under HRS § 571-46(a)(4).

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Judge, Family Court of the [____] Circuit
State of Hawai'i

SOURCES AND REFERENCES

• HRS § 571-46 — Criteria and procedure in awarding custody and visitation; best interest of the child
• HRS § 571-46(a)(3) — Child's preference based on age and reasoning capacity
• HRS § 571-46(a)(4) — Court-ordered custody evaluations
• HRS § 571-46(a)(6) — Modification standard
• HRS § 571-46(a)(7) — Visitation rights; detrimental-to-best-interests standard
• HRS § 571-46(a)(9)-(16) — Family violence provisions and rebuttable presumption
• HRS § 571-46(b) — Sixteen best-interest factors
• HRS Chapter 583A — UCCJEA
• HRS Chapter 586 — Domestic Abuse Protective Orders
• Hawai'i Family Court Forms: courts.state.hi.us