AGO 88-6.

• Case Date: October 24, 1988
• Court: Hawaii

Hawaii Attorney General Opinions 1988. AGO 88-6. Opinion No. 88-6Attorney General Opinion Letters October 24, 1988The Honorable Edward Y. Hirata Director of Transportation State of Hawaii 869 Punchbowl StreetHonolulu, Hawaii 96813 Dear Mr. Hirata: Re: "Custody" of a Minor Who Is Applying for aDriver's License This is in response to your memorandum (MVS 9.9882) dated December 10, 1987, requesting legal advice on whether the word "custody" as used in section 286-112(a), Hawaii Revised Statutes, means either legal or physical custody. For the reasons stated below, we believe that, for the purpose of an application of a minor for an instruction permit or driver's license under the facts presented, "custody" means "legal custody" when a court has awarded legal custody to both parents and physical custody to only one parent. The pertinent facts are that the Motor Vehicles and Licensing Division of the city and County of Honolulu informed a minor applicant's mother that the driver's instruction permit application form needed to be signed by the minor's father, as well as by the mother. The minor applicant's parents had been divorced in California and their California divorce decree, which was presented to the licensing division, awarded legal custody of the minor to both parents, although physical custody was awarded only to the minor's mother. The current practice of the driver's licensing division of every county in the State is to require signatures by both parents when the divorce decree awards them joint legal custody. Section 286-112, Hawaii Revised Statutes, states in pertinent part: 286-112 Application of minors; liability of parents or guardian. (a) The application of any person under the age of eighteen years for an instruction permit or driver's license shall be signed and verified before a person authorized to administer oaths by the appropriate one of the following: (l) If both the father and mother of the applicant have custody of the applicant, by both the father and mother of the applicant; or (2) If only one parent has custody of the applicant, by the custodial parent; or (3) If neither parent has custody of the applicant, and the applicant has a custodial guardian or has custodial guardians, by the custodial guardian or by all the custodial guardians; or (4) If neither parent has custody of the...