Parents Lie, But the Best Interest of the Child Standard Doesn’t
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In family court, custody battles are often filled with conflicting stories. A father may claim he’s the more stable parent. A mother may insist she’s the child’s primary caregiver. But when the dust settles, it isn’t about who tells the more convincing story, it’s about what future serves the best interest of the child/ren.
Under Hawai‘i law, specifically HRS § 571-46, judges are required to place the child’s well-being at the center of every custody decision. That means the court considers objective factors, not just the parents’ competing narratives. These factors include but are not limited to:
- Any history of abuse or neglect
- The quality of each parent’s relationship with the child
- The caregiving history before and after separation
- Each parent’s cooperation in meeting the child’s needs
- The child’s safety, emotional and physical health, and educational needs
- A parent’s willingness to maintain sibling and family connections
- Substance abuse, mental health, and high levels of family conflict
Sometimes, the court calls on professionals like Best Interest Fact Finders (BIFFs), Guardians ad Litem (GALs) or Custody Evaluators (CEs) to independently assess what truly serves the child’s best interests. Their role is not to side with one parent, but to advocate for the child’s welfare to the court.
For parents navigating these disputes, it’s crucial not to lose sight of the fact that the court’s guiding star is always the child’s best interest. Arguments rooted in anger, revenge, or tactical maneuvers often backfire. What matters is showing the court that you can put your child’s needs above your own.
At Pacific Island Law, LLLC, we remind our clients that custody cases are not about winning against the other parent. Instead, they’re about securing the healthiest, safest future for the child/ren. That’s the truth we hope the law never loses sight of.
This article is for informational purposes only and does not constitute legal advice.
