HB1396 Summary

• Amends Hawaii Revised Statutes Section 707-726 to include "voluntary establishment of paternity" as a basis for custodial rights in custodial interference cases.

• Defines "voluntary establishment of paternity" as when persons establishing paternity at birth signed the minor's birth certificate and filed a voluntary establishment of paternity form with the birthing hospital or department of health.

• Expands the crime of custodial interference in the first degree to include violations involving minors whose custody is established through voluntary paternity establishment, in addition to court orders and decrees.

• Maintains existing affirmative defenses for "good cause" (protecting a minor from immediate bodily injury) with requirements to file reports and custody requests with family court.

• Custodial interference in the first degree remains a class C felony under this amendment.