WHAT'S THE LAW?
Guardians only need legal parent’s OK
Legal Aid Society of Hawaii
Question: I want to become the guardian of my two nephews. Their mother is willing to consent to the guardianship, but I am not able to get their father's consent. My sister was never married to the children's father and does not know how to reach him; in fact, he has never even met his children. Do I have to get his permission to become their guardian?
Answer: According to Daniel Pollard, Legal Aid Attorney: Not necessarily. Consents must be obtained from legal parents only. A "legal father" (whose parental rights have not been terminated) is a man who was married to the mother at the minor's birth; who has adopted the minor; for whom paternity was established; or whose name is included on the minor child's birth certificate and the child was born on July 11, 1999, or later. If the father's name does not appear on the birth certificate, he was never married to the mother and paternity was never established, you do not need to obtain his consent for the guardianship.
Q: It amazes me how many bad drivers here in Hawaii do not use turn signals! What is the driving law regarding turn signals for lane changes and turning? Is it optional?
A: According to the City & County of Honolulu Department of Motor Vehicles: While many driving laws vary from state to state, the Uniform Vehicle Code, a set of guidelines developed to help states draft vehicle legislation, requires that all vehicles signal their intention to "move right or left upon a roadway" with either electric turn signals or arm signals. It also specifies that the signal be given "continuously during not less than the last 100 feet traveled by the vehicle before turning." Furthermore, it states that "no person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal"; thus, using one's turn signal for lane changes and turning is most definitely NOT "optional."
Legal Aid Society of Hawaii operates statewide. Practice areas include housing, public benefits, consumer and family law but not criminal law. For information, call 536-4302. Submit questions by e-mail to
dawalla@lashaw.org or by U.S. mail to Legal Aid Q&A, 924 Bethel St., Honolulu, HI 96813.