What is a Pendente Lite hearing?
In Latin, Pendente Lite means “pending the litigation”, which
means that a Pendente Lite hearing is a time where orders can be made
regarding the matters of a divorce, even if the divorce is still pending.
This allows the court to provide a measure of relief to a party while
family law judges can issue a temporary child custody order known as a Pendente Lite
Child Custody Order. Usually, a Pendente Lite order is issued at the beginning
of a case and is often used to preserve the status quo. It's important
to remember that these Pendente Lite
child custody orders are temporary and usually remain in effect until the actual trial.
However, these temporary orders
can be changed prior to the trial, and they can be changed without showing
a "material change of circumstance". In other words, the burden
of proof is much lower for these temporary Pendente Lite orders. Temporary
orders are, of course, superseded by an actual judgment in the case, but
having a permanent child custody order changed after the trial requires
a considerable amount of supporting evidence.
Don't hesitate to
contact our firm for your child custody matter.
Determining Pendente Lite Custody Orders
As it is with all cases related to child custody, the courts' primary
interest is to act on behalf of the best interest of the children involved.
Family law courts have no interest, at all, in getting involved in any
parental "tug-of-war" or in acting on what's best for either
parent when it comes to child custody concerns.
Our Family Law Firm Can Help With Your Child Custody Case
California Certified Family Law Specialist, Richard Ross Associates has both the experience and trial skills to help
you achieve the outcome you hope for in your family law case. Dealing
with child custody issues is always emotional, therefore, you can expect
competent and compassionate service when working with
To put our expertise to work for you, contact Richard Ross Associates today!