Child Custody & Support

The Law Offices of Mark A. Worsham represents clients in all aspects of divorce, including child custody, support, visitation, and relocation matters. We also assist in paternity cases.

Child Custody

Under Hawai'i Statutes Section 571-46, at divorce, the custody of any children of the marriage is awarded to either parent or both parents, according to the best interests of the child. Unless it is not in the child's best interests, the court will generally seek to find an arrangement that will allow the child to have frequent, continuing, and meaningful contact with each parent.

Visitation

Under Hawai'i Statutes Section 571-46(a)(7), reasonable visitation rights will be awarded to parents, grandparents, and any person interested in the welfare of the child at the discretion of the court, unless it finds that rights of visitation are detrimental to the best interests of the child.

Best Interests of the Child

In determining what constitutes the best interest of the child for purposes of custody and visitation, the court considers a long list of factors, including:

• Any history of sexual or physical abuse of a child by a parent;
• Any history of neglect or emotional abuse of a child by a parent;
• The overall quality of the parent-child relationship;
• The history of caregiving or parenting by each parent prior and subsequent to a marital or other type of separation;
• The physical health needs of the child;
• The emotional needs of the child;
• The safety needs of the child;
• The educational needs of the child;
• The child's need for relationships with siblings;
• Each parent's actions demonstrating that they separate the child's needs from the parent's own needs; and
• Any evidence of past or current drug or alcohol abuse by a parent.

Relocations

After divorce, it is not uncommon for one parent to wish to move away, often taking the children with them. However, because relocations can interrupt the non-custodial spouse's court-ordered parenting time and visitation rights, a parent who wishes to relocate must request permission from the court. Whether you wish to move out of Hawai'i with your children or you wish to stop your former spouse from taking your children out of Hawai'i, we can help. Mark A. Worsham also assists parents with children in military relocations.

Child Support

Under Hawai'i Statutes Section 576D-7, the court has established a set of guidelines to use in determining the amount of child support that may be ordered in a given case. The guidelines are based on consideration of certain factors, some of which include:

• All earnings, income, and resources of both parents, after deductions for taxes, social security, and in some cases overtime and cost of living allowance;
• The earning potential, reasonable necessities, and borrowing capacity of both parents;
• The needs of the child;
• The existence of other dependents;
• To foster incentives for both parents to work;
• To balance the standard of living of both parents and child and avoid placing any below the poverty level whenever possible; and
• To avoid extreme and inequitable changes in either parent's income depending on custody.

An experienced family law attorney can assist you in estimating the amount of child support that may be ordered in your case.  In addition, information and instructions for using the guidelines can be found on the Hawai'i state website.

Paternity

If the parents of a child were not married when the child was born, determining paternity may be an issue. Mark A. Worsham assists both mothers and fathers in establishing paternity, which can have significant effects on rights to custody and visitation as well as obligations to provide financial support and maintenance.

Seek Advice from Experienced and Caring Family Law Counsel

Mark A. Worsham is an experienced family law attorney with extensive expertise in the areas of child custody, support, visitation, and paternity. To learn more about our services or to schedule a free consultation, contact the Law Offices of Mark A. Worsham today.