Child Visitation, Legitimation and Paternity in Hawaii – Oahu
Honolulu HI Visitation and Paternity Lawyers
In the state of Hawaii the matters of child custody and visitation are looked at with the best interests of the children involved, and the idea behind the court’s decision making process is to minimize any trauma that the children may experience due to the proceeding. The Hawaii Statutes are quite clear about visitation rights, expressly stating that the non-custodial parent has a right to frequent and ongoing interaction with his or her children. It goes on to state that grandparents, brothers and sisters, and indeed, any interested party has a right to visitation as long as the court decides that there is no detrimental side to such interaction and that it will ultimately serve the well being of the children.
So it is clear that fathers who had been married to the mother of their children have visitation rights in the state of Hawaii, but what happens when a child or children was born out of wedlock? In these cases the parentage of the father needs to be established, and this is often times done quite voluntarily with the assistance of the mother, and other times one or the other has to petition the court in an effort to prove legal parentage.
The state of Hawaii uses the Uniform Parentage Act of 2002 as the basis for their paternity laws, and it spells out the ways that parentage can be established. Aside from being married to the mother within three hundred days prior to the birth of the child, the simplest way to establish paternity is through written acknowledgement by the father that is submitted to the Department of Health. If a man has accepted a dependent into his home and acted as would a natural parent while openly assuming all rights and responsibilities of parenthood, this too can be offered to the court as proof of paternity.
If a genuine question exists concerning parentage, genetic testing can be used to establish paternity. An action to require genetic testing can be filed by the mother or the possible father, a state agency that is involved in the matter, or ordered by the court when it is deemed necessary and appropriate.
If you have any questions about child visitation, legitimation or paternity, contact a Honolulu HI divorce lawyer to arrange for a free consultation.