SB3241

Report Title:

Family Court; Best Interests of the Child

Description:

Enumerates criteria for the family court to consider in awarding the custody of a minor child in divorce or custody proceedings.

THE SENATE	S.B. NO.	3241
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO family court.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. In awarding the custody of a minor child, the family court is guided by statutory standards, considerations, and procedures. These guidelines include a determination of the best interests of the child, but there is no statutory definition of "best interests" with respect to child custody. Providing a framework for quantitative and qualitative analysis of enumerated factors and assessments will standardize custody awards based on measurable criteria of what constitutes best interests of the child.

The purpose of this Act is to enumerate factors for the family court to consider in deciding the custody of a minor child.

SECTION 2. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§571- Criteria and procedure in determining best interests of the child. (a) For the purposes of this chapter, the court shall consider all relevant factors in determining the best interests of the child, including:

(1) Relationship assessment factors dealing with the parent-child and parent-parent interactions, designed to take into account the importance of relationship variables in mediating the effects of divorce on children, and investigating specific aspects of the parent-child relationship (quality of the relationship and the parental commitment to the child) and the parent-parent relationship (sharing parenting and conflict or cooperation issues), including:

(A) Sexual abuse of the child by a parent;

(B) Physical abuse of the child by a parent;

(D) Physical violence in the parents' relationship;

(E) Each parent's affection for the child;

(F) Each parent's willingness to allow the child contact with the other parent;

(G) The level of conflict between the parents;

(H) The child's affection for each parent;

(I) Each parent's feelings of responsibility for the child;

(J) The parents' ability to cooperate with each other on parenting matters;

(K) The parents' willingness to share parenting responsibility post-separation;

(L) The extent of parent-child contact before separation;

(M) The extent to which parents' new partners may contribute to parenting;

(N) The parents' history of sharing parenting responsibilities;

(O) Parental pressure on the child to choose one parent;

(P) Each parents' preferences for possible shared parenting plans;

(Q) The extent of parent-child contact during the separation;

(R) Keeping a young child and mother together;

(S) The extent to which each parent is responsible for the marriage breaking down; and

(T) Keeping a parent and child of the same sex together;

(2) Needs of the child assessment factors, dealing with the developmental issues of the children, which affirm the priority of the child's needs in custody and visitation decisions, emphasizing developmental issues that have been found to be central to post-divorce adjustment in children, and including consideration for practical matters such as the child's basic needs, including:

(A) The child's views and preferences;

(B) The child's emotional needs;

(D) The child's physical handicaps or special health needs;

(E) The child's perception of the child's relationship with other family members;

(F) The child's need to be with the child's psychological parent;

(G) The child's need for relationships with siblings;

(H) The child's desire to see grandparents and extended family;

(I) The child's intellectual needs;

(J) The child's academic needs;

(K) The child's interests and preferred activities;

(L) The child's desire to see the child's friends; and

(M) The child's daily routine; and

(3) Abilities of the parent factors, dealing with the functional abilities of each parent to meet the child's needs by addressing stability, parental history, and parenting skills, including:

(A) Each parent's ability to understand the child's needs and to separate them from the parent's needs;

(B) Each parent's ability to provide a safe physical environment for the child;

(D) The child's psychological adjustment;

(E) Each parent's ability to accommodate the child's health needs;

(F) Each parent's parenting style, including discipline practices and beliefs;

(G) Each parent's history of alcohol or drug use;

(H) Each parent's ability to provide access to appropriate education;

(I) Each parent's ability to maintain the child's daily routine;

(J) Each parent's ability to maintain and encourage the child's interests and activities;

(K) Each parent's psychiatric history;

(L) Each parent's capacity to contribute to the child's moral development;

(M) Each parent's willingness to provide the child with contact with the child's grandparents and extended family;

(N) Each parent's childhood history of sexual abuse;

(O) Each parent's access to and support from family and friends;

(P) Each parent's ability to provide access to other children of the same age;

(Q) Each parent's ability to provide the child with access to stable community involvement;

(R) Each parent's ability to provide a family environment;

(S) Each parent's understanding of child development;

(T) Each parent's childhood history of physical abuse;

(U) Each parent's financial sufficiency;

(V) Each parent's sexual orientation; and

(W) Each parent's religious orientation."

SECTION 3. Section 571-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Psychological parent" means an adult, not the biological parent of a child, who the court has determined is a fit and proper person, and who the court has determined has developed an important psychological relationship with a child by acting as a parent for that child based upon:

(1) The continuity of the relationship between the child and the adult in terms of proximity and duration;

(2) The care and love demonstrated by the adult toward the child; and

(3) The affection and trust of the child toward the adult."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________