Honolulu Guardianship Attorney

I Can Guide You Through the Guardianship Process

In Honolulu, either the minor or someone interested in the child's welfare may petition for the appointment of a guardian. The court may appoint a guardian if the court determines that it would be in the child's best interests and:

• The parent's consent
• All parental rights have been terminated
• The parents are unwilling or unable to exercise their parental rights

If you desire guardianship, speak to our Honolulu guardianship lawyer today. We will guide you to legally fight for the right to care for your loved one.

How Does Guardianship Work in Honolulu?

The court has the option to confirm the preference of one parent before guardianship takes effect.

They can determine if the other parent cannot care for the child within two years, which terminates their rights during the petition.

The minor will remain under the court's supervision until they turn eighteen once a guardian is selected.

Honoring a parent's request for someone named in a will as guardian to their children upon death is not required by the judge.

However, the preference of their wishes is theoretically honored.

Guardianship & Parents’ Rights

It's important to note that the appointment of a guardian does not supersede the parental rights of either parent. However, if both parents are deceased or if they have been adjudicated incapacitated persons, then the appointment of the last parent who died or was adjudicated an incapacitated person will have priority.

Once guardianship is appointed, the guardian has the same duties and responsibilities of a parent in regards to the child's care, support, health, education and welfare until the child turns eighteen. The guardian shall always act in the child's best interests and exercise reasonable care, due diligence and prudence in respect to the child.

Get Dedicated Legal Representation from Our Honolulu Guardianship Lawyer

Guardianship of a minor child is a very important issue, particularly if the child's parent or parents are ill or otherwise unable to provide proper care or support for their son or daughter. With over 25 years experience in the field of family law, our Honolulu family law attorney offers you guidance and legal representation with your guardianship matter.