Bill > HB1396

This bill modifies Hawaii's custodial interference law by expanding the definition of who can be considered to have custody rights. Specifically, the bill adds that a person who has established paternity through signing a birth certificate and filing a voluntary establishment of paternity form with the hospital or health department can now be considered to have legal custody rights. Under the expanded law, intentionally taking, enticing, concealing, or detaining a minor from such a person would be considered custodial interference in the first degree, particularly if the minor is removed from the state. The bill defines "voluntary establishment of paternity" as occurring when both parents sign the birth certificate and file the appropriate form at the time of birth. The act maintains existing provisions that allow for an affirmative defense if the person can prove they had "good cause" - defined as a reasonable belief that removing the child was necessary to protect them from immediate bodily injury. The offense remains classified as a class C felony, and the bill specifies that it does not affect any rights, penalties, or proceedings that existed before its effective date.

Housing and Urban Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1396&year=2026