UCCJEA Rules: Which State Has Jurisdiction Over Your Hawaii Child Custody Case?
Under Hawaii law, a child must live in the state for at least six consecutive months before Hawaii becomes the home state for a custody case. Filing a custody petition in Family Court typically costs between $215 and $265, depending on whether minor children are involved.
Understanding the UCCJEA in Hawaii
Child custody disputes are emotionally taxing, but when parents live in different states, the situation becomes even more legally complex. If you live in Honolulu, Kapolei, or anywhere else in the state, your custody case is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Adopted by Hawaii under Haw. Rev. Stat. § 583A-101, this interstate statutory framework ensures that only one state court at a time makes decisions about a child's custody or visitation.
The primary goal of the UCCJEA is to prevent parental kidnapping and stop parents from forum shopping-moving to a new state simply to find a more favorable judge. If you need assistance navigating this complex jurisdictional landscape, browsing our directory of US Lawyers can help you find a local Hawaii family law attorney to guide you through the process.
Step-by-Step Process in Hawaii
Whether you reside on Oahu, Maui, or the Big Island, establishing jurisdiction requires strict adherence to state procedures. The Family Court system in Hawaii handles all custody and divorce matters, and jurisdiction must be settled before the judge will even look at the merits of your parenting plan.
Filing for Jurisdiction
The very first step is determining if Hawaii is the child's home state. Under Haw. Rev. Stat. § 583A-102, the home state is where the child has lived with a parent for at least six consecutive months immediately prior to the commencement of the child custody proceeding. To start the process, you will file a formal petition at your local court, such as the Family Court of the First Circuit, Kapolei or the Family Court of the Third Circuit, Hilo. Along with your petition, you must submit a mandatory jurisdictional affidavit, commonly known as Form 1F-P-704, Hawaii, Family Court of the First Circuit, Custody/Visitation Statement. This form requires you to list every address the child has lived at for the past five years.
Moving to the Mainland Before Filing
Parents often wonder what happens if they or their ex-spouse recently moved to the mainland. If a child was born in Hawaii and is under six months old, Hawaii is their home state from birth, provided they lived there since birth. For older children, if the child lived in Hawaii for six months but recently moved to California or Texas, Hawaii may still retain home state jurisdiction for up to six months after the child's departure-as long as one parent still lives in Hawaii. This principle was highlighted in cases like NB v. GA, 133 Hawai'i 436 (HI Intermediate Court of Appeals 2014), emphasizing that a parent cannot simply take the child out of state to establish a new jurisdiction immediately.
Contesting an Out-of-State Custody Petition
If your ex files for custody on the mainland, but you believe Hawaii should have jurisdiction, you must act quickly. Ignoring an out-of-state summons can result in a default judgment against you. You or your attorney will generally need to file a special appearance in the out-of-state court specifically to contest jurisdiction under the UCCJEA, while simultaneously filing a custody petition in a Hawaii court, such as the Family Court of the Second Circuit, Wailuku. The judges from both states will then communicate with each other to determine which state is the appropriate forum.
How Much Does it Cost in Hawaii?
Family Court fees and associated costs vary slightly depending on the island, but you should generally anticipate the following expenses:
- Court Filing Fees: Filing an initial complaint for custody or paternity in Hawaii typically costs around $215 to $265.
- Service of Process: Hiring a process server or local law enforcement to serve your ex-spouse on the mainland usually costs between $50 and $150.
- Lawyer Fees: Complex UCCJEA jurisdictional disputes often require experienced counsel. Family law attorneys in Hawaii generally charge hourly rates ranging from $250 to $500, requiring an initial retainer of $3,000 to $7,000.
How Long Does the Process Take?
Determining jurisdiction under the UCCJEA usually happens relatively quickly, as courts cannot proceed with the custody trial until jurisdiction is resolved. An initial hearing to settle a jurisdiction dispute typically occurs within 30 to 60 days of filing. However, if the case proceeds to a full custody trial after jurisdiction is established in Hawaii, finalizing the parenting plan can take 6 to 12 months, or longer if a formal custody evaluation is ordered.
Frequently Asked Questions (FAQ)
What is considered the home state for an infant?
For a child less than six months old, the home state under Hawaii law is the state in which the child has lived from birth with a parent or person acting as a parent.
Can Hawaii take emergency jurisdiction if the child is in danger?
Yes. Under the UCCJEA, a Hawaii Family Court can exercise temporary emergency jurisdiction if the child is physically present in Hawaii and has been abandoned, or if it is necessary in an emergency to protect the child from mistreatment or abuse.
Do I need to file a UCCJEA affidavit for a divorce?
Yes. If you are filing for divorce in Hawaii and you have minor children from the marriage, you must file a UCCJEA affidavit with your divorce complaint to establish that the Family Court has jurisdiction over the children.
What happens if the judges in two different states disagree?
Under the UCCJEA, when petitions are filed in two different states, the judges are required by law to communicate with each other on the record. They will review the home state rules and decide together which state has proper jurisdiction, preventing conflicting custody orders.
No reviews yet. Be the first to share your experience!