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Kevin S. Adaniya
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Kevin Adaniya’s Answers

6 total

  • How can I get my ex to pay a court order?

    In our divorce, we agreed he would make the monthly payments of my car until paid in full and it would be in my name solely. After a few months, my car was repossessed. I took him back to court and was awarded the amount the car was worth at the...

    Kevin’s Answer

    You can seek to collect on your court order through Family Court or District Court. Your best chance of success is probably if your ex-husband earns wages which can be garnished. District Court is more user-friendly than Family Court, especially if you are doing this yourself. The District Court in downtown Honolulu has a Self-Help Center which provides assistance with District Court forms and procedures. There is also an Access to Justice Room manned by volunteer attorneys on Mondays and Wednesdays between 9:00 a.m. and 1:00 p.m., and on the first and third Fridays of the month between 9:00 a.m. and 1:00 p.m. Good luck.

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  • Father Custody and Rights

    I have a child was taken away by C.P.S. from the mom. I'm the biological father of the child no longer with the mom. I want custody of my child who was taken away from C.P.S. and as for now, my child is in a foster home because of an ordeal the mo...

    Kevin’s Answer

    Since you are paying child support for your child, you must be a legal father with legal rights when it comes to your child. You should make contact with the assigned CPS social worker and inform him or her that you would like to get custody of your child. You should ask what needs to be done to make that happen. The CPS social worker will probably want to interview you, run a background check on you, and visit your home. As long as there are no red flags which raise safety concerns, the CPS social worker should agree to place your child with you. At that point, you should definitely consider filing for a change of custody and termination of child support in whatever case (paternity or divorce) the original custody and support orders were filed. If you encounter problems trying to work with the CPS social worker, you can follow up with the CPS social worker's supervisor and/or hire an attorney to advocate for you.

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  • How to file divorce so I can remarry?

    I am currently still married separated and lost all contact with husband I've asked family and friends about his whereabouts but they don't know. It has been since Dec. 2013 since I last heard and seen him. And I want a divorce. I now have a boyf...

    Kevin’s Answer

    Since you don't know your husband's whereabouts or how to get in touch with him, your options for getting a divorce are very limited. You could file a Complaint for Divorce and seek permission from a judge to serve your husband by publishing a notice in the newspaper. However, this is complex and difficult so you will probably need to hire an attorney to do this. If your financial circumstances are such that a judge considers you "impoverished", you can file a Complaint for Divorce and obtain permission from a judge to serve your husband by (i) mailing certified copies of certain divorce documents to your husband at his last known address, (ii) mailing certified copies of certain divorce documents to your husband's closest known relative, and (iii) posting certified copies of certain divorce documents at the courthouse where you filed the divorce documents. You can go to the self-help desk at either the Kapolei courthouse or the First Circuit Court and request a copy of uncontested divorce forms (with or without children) as well as Instructions For Service By Mail and Posting In Lieu Of Publication.

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  • I have an open cps case and recently gave birth to my new baby, if I give up custody to my new baby can they still take her away

    My baby is not in the system yet so can I cheat the system and sign over temporary custody to my mom before they take her from me?

    Kevin’s Answer

    Yes, CPS (also known as Department of Human Services and Child Welfare Services) can obtain the assistance of the police to put your baby under foster custody even if you try to sign over temporary custody to your mother. In order for transferring custody to your mother to be effective, it has to be by a court order (such as a guardianship order) which takes a while to petition for and secure. Your best bet for keeping your baby is to work on resolving the safety issues which resulted in CPS involvement. You should also prepare for the possibility that your baby might be placed under foster custody by lining up relatives who are willing and able to become the baby's foster parents if needed. There are numerous requirements for becoming a foster parent so it would be a good idea to have several candidates just in case.

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  • How is pension divided in a divorce?

    My husband and I are divorcing. He worked for a firm btwn 1989 and 2004 and earned a pension there. We have been living together since 1993 and a family unit with children since 1995. We legally married in 2004 before he was laid off. Am I entit...

    Kevin’s Answer

    In the Collins v. Wassell case (see link), the Hawaii Supreme Court recently reaffirmed that when two people cohabited, formed a premarital economic partnership, and then married, each person's premarital contributions may be considered when dividing property at the time of divorce. This means that if you can establish that you and your husband formed a premarital economic partnership, you can claim a portion of the property which has accumulated since the beginning of the premarital economic partnership (such as your husband's pension prior to the marriage in 2004).

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  • In Hawaii, how long May a TRO be in effect when there have been no breeches in the restraint order?

    How many times can a mother fail to show up to deliver the child to the father for visitation per court order before she faces legal consequences?

    Kevin’s Answer

    If a petition for a temporary restraining order is approved by a judge, a hearing is scheduled within 15 days. At that hearing, the judge will decide whether or not the TRO should be extended, and if so, for how long. There is no maximum time for the length of the restraining order, but whatever a judge orders it to be, it is still possible to file a motion after the fact requesting that the duration of the restraining order be shortened. The motion would need to be supported by whatever reasons the defendant has regarding why the restraining order is not necessary for the duration originally ordered.

    , but either party could file a motion requesting that the restraining order

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