Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation. Is there something I can do to get my kids back with me in a happier and stable environment.
Yes, but this would involve filing with the Court. Someone in your situation would have to file a Petition to Modify Custody
with the Court and ask the Judge to switch
custody from him to you as the managing custodian.
According to Hawaii Statutes - Title 580 - Chapter 46, the Court will make the decision for a custodian based "in the best interest of the child
." This involves subjective factors such as , general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The children's preference is not controlling of the outcome, although it is an influential factor in the Judge's decision is the Judge feels that the children (or child) is mature enough to make such a decision in Court. His frequent deployment may be something that you can use to your advantage to illustrate instability - something that the Court abhors and tries to avoid for children.
While the petition is pending, you may request temporary orders to temporarily switch over custody until the final hearing.
An attorney is recommended. May I recommend the Hawaii Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. But yes, unfortunately the jurisdiction lies in Hawaii if the children reside there.
I hope this helps and clarifies. Best of luck. Finally, thank you for your service.
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