What court handles a Hawaii guardianship of a minor petition?

Family Court, not probate court or general circuit court. Hawaii gives the family court of each circuit exclusive original jurisdiction to determine custody of a child or appoint a guardian of a child.

Is there an official Hawaii guardianship of a minor form?

Hawaii's petition forms are not mandatory. Circuits publish their own pro se packets, such as First Circuit form 1F-P-2007 or Second Circuit form 2F-P-385, which are optional self-help conveniences rather than mandatory forms.

How long can a temporary guardian serve in Hawaii?

Up to 12 months on a showing of immediate need. A separate emergency guardian, available only when following the normal procedure would likely cause substantial harm to the minor's health or safety and no one else has authority to act, is capped at 30 days instead.

Does a Hawaii guardianship end a parent's parental rights?

No. A guardianship of the person manages the child's care; it does not terminate parental rights. It ends when the minor dies, is adopted, is emancipated, or reaches majority, or as the court otherwise orders, and a parent may petition the court to end it.

Who must be notified of a Hawaii guardianship petition?

Each living parent whose rights have not been terminated (or, if a parent is deceased, the nearest adult kin), the minor if 14 or older, the person who had the minor's primary care and custody in the 60 days before filing, anyone the minor nominates, any guardian a parent already appointed, and any guardian or conservator already acting for the minor.

Does a 14-year-old have to consent to a Hawaii guardianship?

A minor who has attained 14 years of age may nominate their own guardian, and the court must appoint that nominee unless doing so would be contrary to the minor's best interest. The minor also has the right to receive notice and object at that age.

Does Hawaii's statute require a court investigator for a minor guardianship?

No. Hawaii's court investigator provision applies to conservatorships and incapacitated-adult guardianships, not to a minor guardianship of the person. The safeguard the statute provides is a discretionary guardian ad litem or attorney if the court finds the minor's interests are inadequately represented.

Is a bond required for a Hawaii guardian of a minor?

Not for a guardian of the person. Bond applies only to a conservator of a minor's property, handled as a separate proceeding, and even then the court has discretion whether to require it.

What if a child is in danger right now in Hawaii?

If a child faces abuse, neglect, or immediate danger, contact the state's child protective agency or local law enforcement, and consider the protective order process. A guardianship petition by itself is not an emergency safety intervention.

Is a Hawaii guardianship the right process for a custody dispute between parents?

No. A dispute between a child's own parents over custody or visitation is handled through a custody or parenting-time process, not through a guardianship petition.

Hawaii Guardianship of a Minor Petition

Hawaii hears this petition in Family Court under exclusive jurisdiction, not probate court, lets a temporary guardian serve up to 12 months, uses per-circuit petition forms that are not mandatory, requires no bond for a guardian of the person, and its guardianship statute provides no court investigator for a minor guardianship.

Find out where you stand in Hawaii

Where are you with the guardianship?

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Introduction

In Hawaii, a relative or other adult who wants to become a minor's guardian files a Petition for Appointment of a Guardian of the Person of a Minor in Family Court, which has exclusive jurisdiction to appoint a guardian of a child under Hawaii Revised Statutes section 571-11(3), not a probate or general circuit court. Circuits publish optional pro se packets, including First Circuit form 1F-P-2007 and Second Circuit form 2F-P-385. For an urgent situation, a court may appoint a temporary guardian on a showing of immediate need for up to 12 months, or a more limited emergency guardian, available only when the normal procedure would likely cause substantial harm to the minor's health or safety and no one else has authority to act, for up to 30 days. Notice of the hearing goes to each living parent whose rights have not been terminated, the minor if 14 or older, and others the statute lists, and the minor may nominate their own guardian at that age. Hawaii's guardianship statute provides no court investigator for a minor guardianship of the person, and no bond applies to a guardian of the person. Parents can instead sign a delegation of authority under section 560:5-105, capped at one year, without filing a petition. A guardianship does not terminate parental rights, and the court decides based on the child's best interest. If a child is in immediate danger, contact the child protective agency and consider a protective order instead. Attorney review is available before you file.

Key Things to Know

1
Hawaii calls this a Petition for Appointment of a Guardian of the Person of a Minor, filed in Family Court, which has exclusive original jurisdiction to appoint a guardian of a child, not in probate or general circuit court. Hawaii's petition forms are not mandatory; circuits publish their own pro se packets, such as First Circuit form 1F-P-2007 or Second Circuit form 2F-P-385, which are optional self-help conveniences rather than mandatory forms.
2
A temporary guardian may serve for up to 12 months on a showing of immediate need. A separate, harder-to-get emergency guardian is capped at 30 days and is available only when following the normal appointment procedure would likely cause substantial harm to the minor's health or safety and no one else has authority to act.
3
Notice of the hearing and a copy of the petition go to each living parent whose rights have not been terminated (or, if a parent is deceased, the nearest adult kin), to the minor if 14 or older, to the person who had the minor's primary care and custody in the 60 days before filing, to anyone the minor nominates, to any guardian a parent already appointed, and to any guardian or conservator already acting for the minor.
4
A minor who has attained 14 years of age may nominate their own guardian, and the court must appoint that nominee unless the appointment would be contrary to the minor's best interest. Absent parental consent, the court may still appoint a guardian if the parent-child legal relationship has already been ended in a separate proceeding, or if the parents are unwilling or unable to exercise their parental rights.
5
Hawaii's guardianship statute provides no court investigator for a minor guardianship of the person. The safeguard it provides is a discretionary guardian ad litem or attorney the court may appoint if it finds the minor's interests are inadequately represented.
6
No bond is required for a guardian of the person. Bond only applies to a conservator of a minor's property, a separate proceeding, and even then it is discretionary rather than automatic, since the court 'may' require it rather than 'shall'.
7
A guardianship does not terminate a parent's parental rights and is not adoption. It ends when the minor dies, is adopted, is emancipated, or reaches majority, or as the court otherwise orders, and a parent or other interested person may petition the court to end it based on the minor's best interest.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

IN THE FAMILY COURT OF THE [FIRST/SECOND/THIRD/FIFTH] CIRCUIT STATE OF HAWAII

FC-G NO. [DOCKET NUMBER]

IN THE GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

PETITION FOR APPOINTMENT OF A GUARDIAN OF THE PERSON OF A MINOR

TO THE HONORABLE COURT:

[PETITIONER NAME], Petitioner, petitions this court under Hawaii Revised Statutes section 560:5-204 for appointment as guardian of the person of the minor named below.

PETITIONER Petitioner resides at [PETITIONER ADDRESS] and is the minor's [RELATIONSHIP TO MINOR].
THE MINOR [CHILD'S FULL NAME], born [DATE OF BIRTH], currently resides at [CHILD'S CURRENT ADDRESS] with [NAME OF CURRENT CAREGIVER]. The minor is [AGE] years old.
PARENTS The minor's parents are [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR LAST KNOWN WHEREABOUTS], and [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. The status of each parent, including whether living, whether a court has already ended the parent-child legal relationship, and whether each parent consents or is unwilling or unable to exercise parental rights, is: [DESCRIPTION OF EACH PARENT'S STATUS]. Any guardian appointed for the minor by a parent's will or signed writing under Hawaii Revised Statutes section 560:5-202: [NAME OF PARENT-APPOINTED GUARDIAN, OR NONE].
PRIMARY CARE AND CUSTODY Within the 60 days before filing, the minor's primary care and custody was held by [NAME AND RELATIONSHIP OF PERSON WITH PRIMARY CARE AND CUSTODY].
NECESSITY FOR GUARDIANSHIP Appointment of a guardian is in the minor's best interest because [DESCRIPTION OF WHY THE PARENTS CANNOT CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NEEDED].
QUALIFICATIONS OF PROPOSED GUARDIAN Petitioner is a fit and proper person to serve as guardian for the following reasons: [DESCRIPTION OF PETITIONER'S QUALIFICATIONS].
NOMINATION BY THE MINOR Any person nominated as guardian by the minor, if age 14 or older: [NAME OF NOMINEE, OR NONE].
PROPERTY OF THE MINOR This petition seeks appointment of a guardian of the person only. Property of the minor requiring management, if any, to be addressed in a separate conservatorship petition under Hawaii Revised Statutes chapter 560 article V part 4: [DESCRIPTION OF PROPERTY, OR NONE].
TEMPORARY OR EMERGENCY GUARDIANSHIP Interim relief requested, if any: [TEMPORARY GUARDIAN OR EMERGENCY GUARDIAN, OR NONE]. A temporary guardian may be appointed under Hawaii Revised Statutes section 560:5-204(d) on a showing of immediate need, for a period not to exceed 12 months. An emergency guardian may be appointed under section 560:5-204(e) where the normal procedure will likely cause substantial harm to the minor's health or safety and no one else has authority to act, for a period not to exceed 30 days.
NOTICE Petitioner will give notice of the hearing, with a copy of this petition, to each person entitled to notice under Hawaii Revised Statutes section 560:5-205(a), including each living parent whose rights have not been terminated, the minor if 14 or older, and the person who had the minor's primary care and custody within the 60 days before filing.
RELIEF REQUESTED Petitioner requests that this court appoint Petitioner guardian of the person of the minor named above, and grant other relief as the court deems just.

Respectfully submitted,

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, HAWAII ZIP] [PHONE] [EMAIL]

VERIFICATION

STATE OF HAWAII COUNTY OF [COUNTY]

[PETITIONER NAME], being duly sworn, deposes and states that the foregoing petition is true and correct to the best of petitioner's knowledge, information, and belief.

[SIGNATURE OF PETITIONER]

Subscribed and sworn to before me this [DATE].

[NOTARY SIGNATURE AND SEAL]

Hawaii Requirements for Guardianship of a Minor Petition

Family Court Has Exclusive Jurisdiction
The family court of each circuit has exclusive original jurisdiction to determine the custody of any child or appoint a guardian of any child, not probate or general circuit court (Haw. Rev. Stat. section 571-11(3)).
Circuit Petition Forms Are Not Mandatory
Hawaii's petition forms are not mandatory. Circuits publish their own pro se packets, including First Circuit form 1F-P-2007 and Second Circuit form 2F-P-385, which are optional self-help conveniences rather than mandatory forms.
Guardianship of the Person Is Separate From Conservatorship of the Estate
A guardian of the person handles the minor's care under part 2 of the article; managing the minor's property is a separate conservatorship proceeding under part 4, not part of the guardian's role.
Temporary Guardian Capped at 12 Months
On a showing of immediate need, a court may appoint a temporary guardian with the authority of an unlimited guardian, but the duration may not exceed 12 months (Haw. Rev. Stat. section 560:5-204(d)).
Emergency Guardian Capped at 30 Days
A more limited emergency guardian is available only when following the normal appointment procedure would likely result in substantial harm to the minor's health or safety and no one else has authority to act, and the appointment may not exceed 30 days (Haw. Rev. Stat. section 560:5-204(e)).
Notice Required to Parents, the Minor if 14 or Older, and Others
The petitioner must give notice of the hearing and a copy of the petition to each living parent whose rights have not been terminated, to the minor if 14 or older, to the person who had the minor's primary care and custody in the 60 days before filing, and to others named in the statute (Haw. Rev. Stat. section 560:5-205(a)).
Minor Age 14 May Nominate a Guardian
The court shall appoint a person nominated by the minor if the minor has attained 14 years of age, unless the court finds the appointment contrary to the minor's best interest (Haw. Rev. Stat. section 560:5-206(a)).
No Bond Required for a Guardian of the Person
Bond attaches only to a conservator of a minor's estate, a separate proceeding, and even then the court has discretion whether to require it rather than a mandatory requirement (Haw. Rev. Stat. section 560:5-415).
No Statutory Court Investigator for Minor Guardianship
Hawaii's statutory court investigator provision applies to conservatorships and incapacitated-adult guardianships, not to a minor guardianship of the person, which relies only on a discretionary guardian ad litem or attorney if the minor's interests are inadequately represented (Haw. Rev. Stat. sections 560:5-205(c), 560:5-405, 560:5-406).

Find out where you stand in Hawaii

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Hawaii Requirements for Guardianship of a Minor Petition

Family Court Has Exclusive Jurisdiction

Circuit Petition Forms Are Not Mandatory

Guardianship of the Person Is Separate From Conservatorship of the Estate

Temporary Guardian Capped at 12 Months

Emergency Guardian Capped at 30 Days

Notice Required to Parents, the Minor if 14 or Older, and Others

Minor Age 14 May Nominate a Guardian

No Bond Required for a Guardian of the Person

No Statutory Court Investigator for Minor Guardianship

Frequently Asked Questions