Child Custody Disputes in Hawaii – Oahu
Honolulu HI Child Custody Lawyers
There are a number of different component issues that comprise the sum total of a divorce proceeding, and they are all important on one level or another. But there is nothing that is more emotional than the matters that involve the child or children that are involved, and fortunately, the vast majority of parents place the well being of the children first when they are working out the terms of a divorce. In fact, statistics indicate that only 5% of the divorce proceedings that go forward in the United States are contested, so divorcing couples can usually find common ground on all of the different matters that they face, including those that directly involve the children.
However, that small percentage of contested divorces does exist, and when a child custody matter is the contentious issue, emotions can often times run high. The reasons why a divorcing couple may not be able to agree about a child custody arrangement can vary, but if each individual sincerely places the best interests of the children who are involved first, they can usually work through the disagreement and come to terms. One way that this process is often helped along is with the assistance of a third party mediator. These professional mediators are impartial and their only objective is to facilitate open and honest discourse that leads the divorcing couple toward a resolution of the conflict that serves the well being of the child or children who are the subjects of the dispute.
When you examine the anatomy of child custody disputes in the state of Hawaii, you have to realize that there are two different forms of custody. When most people think about child custody, they assume that it refers to the child’s primary place of residence. This is part of it of course, but the other form of custody is legal custody, which provides the ability to make decisions on behalf of the child or children. So one parent may have primary physical custody, but both parents may share legal custody. It is useful to point out that the court would prefer not to have to make a custody judgment, preferring to leave this sensitive matter in the hands of the parents themselves. As stated in Title 580 of the Hawaii Statutes, the intention of the state is to do everything possible to minimize the emotional trauma to the children. If all else fails and the court does have to decide on custody, that decision will be made based on what type of overall arrangement best serves the interests of the children.
If you have any questions or concerns about child custody disputes, the best course of action is to contact a Honolulu HI family lawyer who has a background handling these types of cases.