Hawaii Revised Statutes 571-46.6 – Criteria and procedure in awarding custody and visitation; disability
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Terms Used In Hawaii Revised Statutes 571-46.6
- Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
- minor: means a person less than eighteen years of age. See Hawaii Revised Statutes 571-2
The court shall not consider the disability of a person seeking custody or visitation of a minor to be the sole factor in the court’s determination made pursuant to this part. If the court makes a determination to deny custody or visitation to a person who is disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a person seeking custody or visitation impairs the person’s ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.