Guardianship Attorney in Honolulu

More Than 20 Years Serving Honolulu Families in Guardianship Matters

When a child needs legal protection and a parent can’t provide it, guardianship is often the path forward. At Smith & Sturdivant, LLLC, we’ve been handling guardianship and family law cases in Honolulu since 2005, bringing more than 20 years of experience to proceedings that carry real consequences for children and families. Our founding attorney, Justin L. Sturdivant, has served as a Guardian ad Litem in Honolulu Family Court, giving our firm a direct understanding of how judges evaluate the best interests of the child when appointing a guardian.

We handle guardianship for minor children and can help clients understand whether guardianship is the right step or whether a related matter, such as adoption or a child protective services case, needs to be addressed alongside it. Every case begins with a free, confidential consultation.

Call our Honolulu guardianship attorney today at (808) 201-3898 to schedule your free consultation.

What a Guardian Is Legally Responsible For

A guardian is a person other than the child’s biological parent who is legally responsible for that child. Guardianship generally grants the guardian legal custody and the right to make decisions on the child’s behalf in nearly every area of life. It’s a serious legal commitment, and courts don’t take the appointment lightly.

At Smith & Sturdivant, LLLC, our Honolulu attorneys help families understand that a legal guardian is responsible for providing the following for the child:

• Shelter
• Food
• Clothing
• Medical expenses
• Educational expenses
• Handling the child’s finances

A guardian assumes parental-level responsibilities, but guardianship doesn’t permanently sever the biological parents’ legal relationship with the child the way adoption does. Guardianship of a minor ends when the child turns 18, is adopted, is emancipated, or upon a court order terminating the guardianship. If guardianship arises from a child protective services matter, we can address those connected issues as well. Note that guardianship covers the child’s care and welfare but doesn’t automatically address management of the child’s financial assets or real property. A separate conservatorship may be required for those purposes.

How Guardianship Works Under Hawaii Law

Guardianship proceedings in Hawaii are governed by Article V of Chapter 560 of the Hawaii Revised Statutes, and Honolulu Family Court has exclusive jurisdiction over guardianship petitions involving minor children. Understanding the legal framework before you file can help you prepare for what the court will examine.

Grounds for Appointing a Guardian

A Honolulu court may appoint a guardian for a minor in three main circumstances: when a parent consents to the appointment, when all parental rights have been terminated, or when parents are found to be unwilling or unable to exercise their parental rights. Either the minor or a person with a legitimate interest in the minor’s welfare may file the petition.

How the Court Decides

The court appoints the guardian it determines serves the best interests of the child. If a parent named someone in a will, that preference is considered, but it isn’t binding. The court makes an independent judgment. Because Justin L. Sturdivant has served as a Guardian ad Litem, he understands how Honolulu Family Court conducts that evaluation, which shapes how we prepare and present our clients’ cases.

Guardian Duties After Appointment

Once appointed, a guardian assumes the same duties and responsibilities as a parent with respect to the child’s care, support, health, education, and welfare. The guardian must act in the child’s best interests and is required to file annual reports with the court on the child’s status. We guide clients through the petition process, represent them at the hearing, and help them understand their obligations once guardianship is granted.

Guardianship of Incapacitated Adults

Hawaii law also provides a framework for guardianship of incapacitated adults under HRS Chapter 560. In those proceedings, the court typically requires a professional evaluation by a physician, psychologist, or other qualified expert assessing the person’s capacity to receive information, make decisions, and meet essential requirements for their own health, safety, and welfare. If you have questions about adult guardianship under Hawaii law, a qualified attorney can help you understand whether that process applies to your situation.

Start with a Free Consultation

Guardianship petitions involve detailed filings, court appearances, and scrutiny of whether the proposed guardian can meet the child’s needs. Working with a guardianship lawyer who knows how Honolulu Family Court approaches these cases can give you a clearer picture of what to expect and how to prepare.

Contact Smith & Sturdivant, LLLC at (808) 201-3898 to speak with a Honolulu guardianship attorney about your situation today.