Paternity

mitsuyama + rebman lllc

Paternity cases arise when unmarried partners have a child and file to obtain court orders for custody and support. 

These cases are heard separately from the divorce custody at family court, by different judges than those that hear custody cases from married parents.  Because unmarried parenthood used to be shameful, the Judiciary does not post records online for paternity cases, and the court filings are confidential. This confidentiality extends to the courthouse, where court dockets with the names of the parties do not appear outside the courtrooms hearing paternity cases. 

The same custody standard applies to all child custody cases. The Best Interests of the Child standard must, by law, be applied by the court. Even the parents cannot reach private agreements that they can have enforced at court unless the court agrees that the agreements are in the best interests of the child. 

The State of Hawaii, Child Support Enforcement Agency, is made a party in all paternity cases. https://ag.hawaii.gov/csea/paternity/