Kevin S. Adaniya’s Answers

Kevin S. Adaniya

Honolulu Divorce / Separation Lawyer.

Contributor Level 3
  1. 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

    Answered 7 months ago.

    1. Kevin S. Adaniya
    2. Gary Lee Stanley Jr
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

  2. How is pension divided in a divorce?

    Answered 8 months ago.

    1. Kevin S. Adaniya
    2. Gary Lee Stanley Jr
    3. Justin Lee Sturdivant
    4. Graham Howard Norris Jr
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  3. Father Custody and Rights

    Answered 6 months ago.

    1. Kevin S. Adaniya
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered 3 months ago.

    1. Kevin S. Adaniya
    2. Corinne Rae Coston
    2 lawyer answers

    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...

  5. How to file divorce so I can remarry?

    Answered 7 months ago.

    1. Benjamin Christian Summit
    2. Kevin S. Adaniya
    2 lawyer answers

    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...

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

    Answered 11 months ago.

    1. Benjamin Christian Summit
    2. Kevin S. Adaniya
    2 lawyer answers

    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...

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