How to File for Custody in Hawaii

Filing for custody in Hawaii follows a specific sequence through the Family Court system. Whether you're filing as part of a divorce or as an unmarried parent establishing paternity, the core process is the same — but the entry point and filing fees differ. Here's what to expect at each step.

Step 1: Determine Your Filing Path

Married parents: File a Complaint for Divorce with the Family Court. Since 2021 (Act 69), Hawaii no longer requires six months of residency to file for divorce — you can file immediately if you're domiciled in Hawaii with intent to remain. The filing fee is $265 for cases involving minor children (includes the $50 Parent Education Surcharge).

Unmarried parents: File a Petition for Paternity or a Petition for Custody, Visitation, and Support Orders. If paternity hasn't been established through a Voluntary Establishment of Paternity (VEP) form signed at the hospital or Department of Health, the petition may need to include a request for genetic testing. Filing fee is $265.

Fee waivers: If you can't afford the filing fee, submit an Ex Parte Motion and Affidavit to Waive Filing Fees (In Forma Pauperis) under HRS § 607-3.

Step 2: File in the Right Circuit

Hawaii has four judicial circuits. File in the Family Court of the circuit where you're domiciled or where the family last lived together:

• First Circuit (Oahu): Ronald T.Y. Moon Kapolei Courthouse, 4675 Kapolei Parkway, Kapolei
• Second Circuit (Maui County): Hoapili Hale, 2145 Main Street, Wailuku
• Third Circuit (Hawaii Island): Hale Kaulike in Hilo or Keahuolu Courthouse in Kailua-Kona
• Fifth Circuit (Kauai): Puuhonua Kaulike Building, 3970 Kaana Street, Lihue

You can file electronically through the Judiciary Electronic Filing and Service System (JEFS) — attorneys are required to use it, and self-represented litigants can register for a WEBU account. Paper filing at the clerk's office is still an option.

Step 3: Serve the Other Parent

After filing, you must serve the other parent with copies of all filed documents. Hawaii follows strict service requirements — personal service by a process server is standard for the initial complaint. After initial service, subsequent documents can typically be served by mail or through JEFS.

Step 4: Complete Kids First

Both parents must attend the mandatory Kids First parenting education program. Non-compliance delays the case and is viewed negatively by judges. Contact your circuit's coordinator to schedule:

• Oahu: (808) 954-8280
• Maui: (808) 244-2770
• Hilo: (808) 896-6465
• Kona: (808) 987-1046
• Kauai: (808) 482-2350

Step 5: File Your Parenting Plan

Under HRS § 571-46.5, both parents must file a parenting plan. You can submit a joint plan if you agree, or separate proposed plans if you don't. The plan must address the residential schedule, holiday rotation, decision-making allocation, communication rules, and dispute resolution — among other requirements.

Step 6: Attend Mediation

Hawaii requires mediation before a contested custody case can proceed to trial. The court refers cases to community mediation centers — the Mediation Center of the Pacific on Oahu, Maui Mediation Services, Kuikahi Mediation Center in Hilo, and others by circuit. Mediation is waived if domestic violence is found.

Step 7: Trial (If Needed)

If mediation doesn't resolve custody, the case goes to trial. The judge evaluates evidence against the sixteen best-interest factors under HRS § 571-46(b). In high-conflict cases, the court may appoint a private custody evaluator under HRS § 571-46(a)(4) to conduct home visits, interviews, and psychological testing.

Timeline Expectations

Uncontested cases (both parents agree on all terms): Six to ten weeks from filing, processed by affidavit without a court hearing.

Contested cases: Six months to over two years, depending on discovery needs, evaluator availability, and circuit backlog. The First Circuit (Oahu) typically has the longest wait times due to volume.

Temporary Orders

If you need a custody arrangement in place before the case resolves, file a Motion for Pre-Decree Relief. These motions are typically heard within three to four weeks and establish a temporary custody and support schedule that stays in effect until the final order.

The Hawaii Child Custody & Parenting Plan Guide provides a chronological process map for each judicial circuit, plus parenting plan worksheets that cover every element required by HRS § 571-46.5.

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