What is a Pendente Lite Child Custody Order?

What is a Pendente Lite Hearing? - Motion for Pendente Lite

In Latin, Pendente Lite means “pending the litigation”, which means that a Pendente Lite hearing is a time when 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 awaiting litigation. A judge may issue a temporary order establishing financial or parental rights and responsibilities during this time.

Temporary Custody Order California

In California, 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 Temporary orders are, of course, superseded by an actual judgment in the case, but having a permanent child custody order changed after the trial requires a considerable amount of supporting evidence.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

As a 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 our team.

To put our expertise to work for you, contact Richard Ross Associates today!

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