Do Grandparents Have Visitation Rights in Hawaii?

The relationship between grandparents and their grandkids is typically a special one. Grandparents often play vital roles in their grandchildren's lives, something usually encouraged and supported by the child's parents. With that in mind, you might think that grandparents in Hawaii and throughout the country would have a legal right to spend time with their grandchildren. But that's not the case.

Do Grandparents Have Visitation Rights in Hawaii?

When grandparents and parents get along well, they typically arrange grandparent visits through simple, informal agreements. Whether the visitation follows a set schedule or is more casual, the bottom line is that it's usually free from drama and beneficial to all concerned.

But what if the relationship between grandparents and parents is rocky, and the parents are hindering or outright prohibiting visitation? Regardless of which side is in the right, if the grandparents insist on visiting their grandkids, they might have to ask a court for help. Getting that help, though, is no sure thing.

The Legal Standard for Grandparent Visitation Rights

Under Hawaii law, a court can award visitation to grandparents, but only if a judge finds that all three of the following elements exist:

1. Hawaii is the grandchild's home state when the grandparent asks the court for visitation
2. the parent (who is the grandparent's child) has died or is in prison and cannot visit their child, and
3. denying reasonable grandparent visitation rights would cause significant harm to the grandchild.

(Haw. Rev. Stat. § 571-46.3(a) (2025).)

The second element is often a stumbling block for grandparents seeking visitation. Up until 2023, the consideration was whether reasonable visitation rights were in the best interests of the kids. Hawaii modified the law, though, essentially focusing on whether the parent is unavailable to the child.

Grandparent Visitation Rights When the Parent Is Incarcerated or Dead

A grandparent whose child is incarcerated or dead doesn't automatically get grandchild visitation rights. Whether the grandparent gets visitation will depend on whether the grandchild's other parent agrees to visitation. And in that respect, there's yet another potential roadblock.

The grandparent visitation law says that there's a rebuttable presumption that a parent's decision is in the child's best interest. This rule follows the lead of the U.S. Supreme Court, which has held that courts must presume that fit parents act in their children's best interests, and must give "special weight" to parents' decisions to limit or deny grandparent visitation. (Haw. Rev. Stat. § 571-46.3(c) (2025); Troxel v. Granville, 530 U.S. 57 (2000).)

In order to rebut the presumption, the grandparent would have to prove by clear and convincing evidence that denying visitation would cause significant harm to the grandchild.

How to Request Grandparent Visitation in Hawaii

To request visitation with a grandchild, you'll ordinarily file a petition (written legal request) with the family court in the Hawaii judicial circuit where the child lives. The Hawaii Judiciary has information on the various judicial circuits, as well as forms and other information. (As covered below, though, sometimes it makes sense to consult an attorney for help.)

How Hawaii Courts Decide Grandparent Visitation Rights: Key Factors

In determining whether to award grandparent visitation rights in those cases where visitation is possible, the court will apply the same standards as when deciding parent visitation rights. Some of the factors the court will consider are:

• any history of sexual or physical abuse of a grandchild by the grandparent
• any history of neglect or emotional abuse of a grandchild by the grandparent
• the overall quality of the grandparent-grandchild relationship
• whether the grandparent has previously cared for the child
• the grandchild's physical, emotional, and educational needs
• any evidence of the grandparent's past or current drug or alcohol abuse
• the grandparent's mental health, and
• any conflict within the family.

(Haw. Rev. Stat. § 571-46(b) (2025).)

The judge has a good deal of leeway in deciding whether to award grandparent visitation unless it's shown that visitation rights are detrimental to the best interests of the child. (Haw. Rev. Stat. § 571-46(a)(7) (2025).)

Hawaii Grandparent Visitation FAQ

Grandparent visitation scenarios often get complicated. Here are some common issues that Hawaii law addresses.

What if a parent violates a court order for grandparent visitation?

A parent who violates a grandparent visitation order is subject to court sanctions. Potential punishment includes being held in contempt of court, which could even result in jail time. (Haw. Rev. Stat. § 571-46.3(f) (2025).)

Does adoption impact a grandparent's visitation rights?

Ordinarily, a grandchild's adoption terminates a grandparent's existing visitation rights, just as it extinguishes the grandchild's parents' rights. But an exception may exist where the grandchild's parent remarries, and the new spouse is the one who adopts the grandchild. (Haw. Rev. Stat. § 578-16(d) (2025).)

Can grandparents seek custody of their grandchildren?

As a general rule, courts favor giving a child's parents priority when it comes to custody. But Hawaii law does permit a court to award custody to a non-parent when it would be in the best interests of the child. If the child has been living in a stable home with an adult who isn't their parent, that person may be a candidate for custody. If the caretaking situation basically equates to custody, and the adult is "fit and proper," the court gives that individual priority in a custody dispute. This rule could come into play when children have been living with their grandparents and the grandparents want legal custody. (Haw. Rev. Stat. § 571-46(2) (2025).)(2025); (In re Guardianship of Doe, 93 Haw. 374 (Haw. Ct. App. 2000).)

Getting Help With Grandparent Visitation

Because of the legal presumption that parents know best, the road to winning grandparent visitation rights can be difficult. It's always best when parents and grandparents can resolve disagreements without heading to court, either on their own or with the help of mediation. But if you can't, you should give serious consideration to speaking with a knowledgeable family law attorney who can explain your rights and responsibilities, and the best way to move forward.