Bill > HB264

This bill amends Hawaii's family court law to explicitly prohibit courts from considering a parent's affirmation of their child's gender identity or expression as a factor in determining child custody and visitation rights. The legislation emphasizes that parents have a constitutionally protected right to direct the care, custody, and control of their children, specifically including children experiencing gender dysphoria. By adding a new subsection to the existing statute governing child custody determinations, the bill ensures that a parent's support of their child's gender identity cannot be used against them in custody proceedings. The bill defines "gender identity or expression" by referencing an existing definition in Hawaii Revised Statutes section 489-2, though that specific definition is not provided in this text. The legislation aims to prevent potential discrimination against parents who support their child's gender identity and preserves the existing comprehensive list of factors courts use to determine the best interests of the child, simply adding this new prohibition on considering gender identity affirmation as a negative factor in custody decisions. The bill will take effect immediately upon approval and does not retroactively impact legal proceedings or rights that were established before its enactment.

Housing and Urban Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=264&year=2026