A.A. v. B.BAnnotate this Case
A.A. and B.B. were in a committed relationship when Child was born. B.B. was the biological grandfather and legal adoptive father of Child. A.A. and B.B. co-parented Child and shared physical custody of her even after their separation as a couple. A.A. later filed a petition for joint custody of Child pursuant to Haw. Rev. Stat. 571-46(a)(2), alleging that he had de facto joint custody of Child. After a hearing, the family court denied A.A.’s petition for joint custody, concluding that A.A. did not have standing as Child’s “psychological father” because the parties were not married. The Supreme Court vacated the family court’s decision, holding (1) the family court misinterpreted and misapplied Hawaii’s statutory de facto custody provision; and (2) B.B. failed to establish that the application of section 571-46(a)(2) to this case would infringe on his fundamental liberty interests or otherwise violate his constitutional right to privacy. Remanded.