HRS §571-46.6
Disability Cannot Be the Only Reason to Deny Custody
A court cannot deny custody or visitation just because a parent has a disability. If it does deny, it must explain in writing why. The person claiming the disability hurts parenting must prove a clear link between the disability and the specific parenting problem.
courtsparents
The statute, as written — 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.
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