In the Interim: Considering Pendente Lite Relief in Maryland Custody Cases

When parents separate or divorce, they often face important decisions about the care and support of their children. In Maryland, temporary orders known as “pendente lite” orders can be established to address issues such as visitation, child support, and use and possession of property until a final order is issued. In this article, we will discuss pendente lite visitation, child support, and use and possession in Maryland.

What is a Pendente Lite Hearing in Montgomery County, Maryland and Prince George’s County, Maryland?

A pendente lite hearing in Maryland is a type of temporary hearing held during the early stages of a family law case. “Pendente lite” is a Latin term that means “while the litigation is pending”. The purpose of a pendente lite hearing is to establish temporary orders related to issues such as child custody, visitation, child support, spousal support, and property use and possession while the case is ongoing.

A pendente lite hearing is often necessary in family law cases because the legal process can take many months or even years to complete. In the meantime, parties may need temporary orders to govern their behavior and establish stability for any children involved. A pendente lite hearing can provide a framework for this stability, ensuring that children’s needs are met and that the parties’ interests are protected.

What Type of Pendente Lite Relief Can I Request in Prince George’s County, Maryland and Montgomery County Maryland?

  • Pendente Lite Visitation. Pendente Lite visitation refers a temporary visitation order that is issued by the court while the divorce or custody case is ongoing. This order establishes an access schedule for the non-custodial parent to spend time with their child until a final access order is issued. The court will consider relevant factors when establishing a pendente lite visitation order, including the child’s best interests, the schedules of both parents, and any history of domestic violence or abuse. The purpose o of establishing a temporary access order is to maintain stability and consistency for the child during a period of transition.
  • Pendente Lite Child Support. Pendente Lite child support refers to temporary child support that is paid by the non-custodial parent while the divorce or custody case is pending. The purpose of temporary child support orders is to ensure that the child’s needs are met during the case. Typically the court will enter a temporary child support order, only after considering the income of both parents, the number of children, work-related childcare expenses, agreed upon child-related expenses, and any special needs of the children. The goal of a temporary child support order is to ensure that the child’s basic needs are met during a period of uncertainty.
  • Pendente Lite Use and Possession. Pendente lite use and possession orders establish a temporary arrangement for the use and possession of shared property, such as a home or vehicle, while the divorce case is pending. The order may determine who will have exclusive use of the property, who will be responsible for paying for the property, and other relevant factors. The goal of a pendente lite use and possession order is to maintain stability and consistency for the parties involved during a period of transition.

Pendente lite orders can be crucial for parents who are going through a divorce or custody case in Maryland. It is important to note that pendente lite orders are temporary and may be modified or superseded by a final order. However, these temporary orders can have a significant impact on the outcome of a case and can set the tone for the rest of the litigation. For this reason, it is important to work with an experienced family law attorney who can help you prepare for and navigate the pendente lite hearing process in Maryland.

Contact Our Experienced Maryland Family Law Attorneys Regarding  Seeking Pendente Lite Relief in Montgomery County, Maryland and Prince George’s County, Maryland

If you have questions or concerns about how to handle seek pendente lite relief in your divorce or custody matter, please contact the Law Office of LaSheena M. Williams, LLC today. You can reach attorney LaSheena M. Williams at (301) 778-9950 or by leaving an online request for a consultation.

Our firm vehemently represents clients across Rockville, Bethesda, Gaithersburg, Silver Spring, Takoma Park, Chevy Chase, College Park, Cheverly, Greenbelt, Oxon Hill, Hyattsville, Upper Marlboro, Largo, Bowie and surrounding communities.