2019 Hawaii Revised Statutes
TITLE 31. FAMILY
571. Family Courts
571-46.6 Criteria and procedure in awarding custody and visitation; disability.

Universal Citation: HI Rev Stat § 571-46.6 (2019)

§571-46.6 Criteria and procedure in awarding custody and visitation; disability. 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. [L 2019, c 259, §4]

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