Hawai'i Parenting Plan & Custody Agreement Guidelines

In any case involving child custody — divorce, separation, or the breakup of unmarried parents — you should write a parenting plan. It's generally required, and it's an opportunity to create customized provisions specific to your child's needs.

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When and how to write a parenting plan

Hawai'i requires unmarried parents to submit a parenting plan in a paternity case (a child custody case). It's also recommended that divorcing parents write one. (If there has been abuse, however, seek legal advice. Courts tend to order supervised visitation in these situations, and more standard provisions may not be relevant to you.)

You can draft a parenting plan before you open a court case. If you and your co-parent reach full agreement, your case will be uncontested, and that will help you cut down on legal costs. Once you open a case in family court, the judge can review your agreement and will approve it if it's in your child's best interests.

Parents who can't reach agreement may each submit a separate proposal. If you often find yourself in high conflict with the other parent, think about how you can write your parenting plan to bring the temperature down, sticking to brief, clear, reasonable expectations.

Pay attention to your court process so you know when to submit your parenting plan.

Choosing a template

You're free to fill in the sample parenting plan that your circuit court provides:

• O'ahu sample plan (First Circuit)
• Maui and Moloka'i Lāna'i sample plan (Second Circuit)
• Hawai'i sample plan (Third Circuit)
• Kaua'i sample plan (Fifth Circuit)

Many parents use the Custody X Change parenting plan template, which guides you through over 140 provisions so you're confident you're being thorough.

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You can also hire a psychologist or a lawyer to help you draft a parenting plan. A mediator can write up what you agree upon in session. Providing your legal professional with a draft you've already written will help you communicate what you believe is important. It will likely save them time and save you money.

What to cover: Parenting rules

First, indicate who will have legal custody (decision-making responsibility) and physical custody (the child living in their home). Each type of custody can go to one parent, both parents jointly, or another person. Hawai'i courts don't have an official preference, though the law supports both parents having frequent and meaningful contact with their child. What the judge orders depends on your situation.

You can include any provision focused on parenting and your child's best interests. Parents commonly address:

• Who can help the parents with transportation (e.g., a family member)
• How much notice you'll give each other if you have to change a visit — and how long you'll wait if the other parent is late
• Childcare during work hours
• Right of first refusal (When one parent must call a babysitter, they first offer the time to the other parent.)
• Agreements related to child support payments
• How you'd handle a parent seeking to leave Hawai'i
• Anything specific to a parent in the military, like what will happen during deployment
• How you'll handle future disagreements. The state of Hawai'i suggests the Ku'ikahi Mediation Center or West Hawai'i Mediation Center on the Big Island, and the Mediation Center of the Pacific everywhere else.

What to cover: Parenting schedule

Write a parenting schedule, and remember to plan for school breaks, holidays (including Hawai'i state holidays) and your child's birthday.

If you need to step up a parent's time gradually, explain when each increase will happen.

If a parent needs supervised visitation, explain the details and see if there's a PACT Visitation Center in your area.

What to cover: Interisland visits

If your child will fly between islands to visit their other parent, write provisions for the child's safety.

• Which parent will accompany the child on flights?
• At what age can your child fly alone?
• When your child flies alone, must parents notify each other about departure and arrival?

Will you treat interisland flights differently than flights to the mainland U.S. or international flights? Add a provision for it.

The easiest way to make a parenting plan

When you create a parenting plan, it's critical you address all of your children's needs and use airtight language that leaves no room for interpretation.

If you're writing your own plan, use technology to take the guesswork out of the equation. The Custody X Change app will walk you through each step of creating a comprehensive parenting plan.

Choose from over 140 common provisions in more than 25 categories. Just select the items you want to include in your plan and fill in the blanks. You can also create custom provisions to meet your family's unique needs.

The result will be a professional document that demonstrates your competence as a parent from the first glance.

The easiest and most reliable way to make a parenting plan is with Custody X Change.