Pendente Lite Custody Orders in New York: Protecting Your Child During Divorce

Divorce can be a tumultuous time for families, especially when children are involved. In New York, when parents divorce or separate, it's crucial to establish a custody arrangement that protects the child's best interests. A pendente lite custody order provides a temporary solution while the divorce or separation proceedings are ongoing.

At Veridian Legal, our experienced NYC family law attorneys understand the urgency and importance of pendente lite custody orders. We can help you navigate the legal process, advocate for your parental rights, and ensure your child's well-being is prioritized during this challenging transition.

What is a Pendente Lite Custody Order?

"Pendente lite" is a Latin term that means "pending the litigation." In the context of family law, a pendente lite custody order is a temporary order issued by the court to establish custody arrangements while a divorce or separation case is pending. This temporary order can be crucial for providing stability and structure for the child during a time of transition and uncertainty.

Key aspects of a pendente lite custody order:

• Temporary Nature: It's important to understand that a pendente lite order is temporary and can be modified or revoked by the court as the divorce or separation case progresses.

• Addresses Key Issues: The order addresses key custody issues, including:

  • Legal custody: Who makes major decisions about the child's upbringing, such as education, healthcare, religious upbringing, and extracurricular activities.

  • Physical custody: Where the child will live and which parent will have primary responsibility for their day-to-day care.

  • Visitation schedule: How much time the child will spend with each parent, including weekdays, weekends, holidays, and vacations.

• Based on the Child's Best Interests: The court's primary concern in issuing a pendente lite custody order is the best interests of the child. The judge will consider various factors, such as the child's age, health, relationship with each parent, and each parent's ability to provide a stable and nurturing environment.

• May Include Other Relief: In addition to custody and visitation, a pendente lite order may also address other issues, such as child support, spousal maintenance, and restraining orders.

Why is a Pendente Lite Custody Order Important?

A pendente lite custody order serves several important purposes:

• Provides Stability for the Child: During a divorce or separation, children often experience significant disruption and uncertainty. A pendente lite order can provide a sense of stability and predictability, ensuring that the child has a consistent routine and living arrangement.

• Protects the Child's Best Interests: The order allows the court to make temporary decisions about the child's care, ensuring that their physical, emotional, and developmental needs are met while the parents are working through the divorce or separation process.

• Reduces Conflict: By establishing a clear custody arrangement, a pendente lite order can help reduce conflict between parents and minimize the negative impact of the divorce or separation on the child.

• Preserves the Status Quo: In many cases, a pendente lite order will maintain the existing custody arrangement that was in place before the separation or divorce. This can help prevent one parent from gaining an unfair advantage or making unilateral decisions that are not in the child's best interests.

• Allows for Temporary Adjustments: A pendente lite order can also allow for temporary adjustments to the custody arrangement to address specific needs or concerns that arise during the divorce or separation process. For example, if one parent needs to relocate temporarily for work, the order can be modified to accommodate this change.

How to Obtain a Pendente Lite Custody Order in New York

Obtaining a pendente lite custody order in New York involves a specific legal process. Here's a breakdown of the steps involved:

1. Consult with an Attorney:

   • Before filing any motions, it's crucial to consult with an experienced family law attorney in NYC. They can help you understand your rights and options, gather evidence, and develop a strong legal strategy.

   • The attorney will also advise you on the specific requirements for filing a pendente lite motion in your jurisdiction and ensure that all necessary documents are properly prepared and filed.

2. File a Motion with the Supreme Court:

   • The parent seeking the pendente lite order must file a motion with the Supreme Court in the county where the divorce action is pending.

   • The motion should include:

     • Notice of Motion: This document informs the court and the other party of your request for a pendente lite order.

     • Affidavit or Affirmation in Support of Motion: This is a sworn statement detailing the reasons why you are seeking the order and providing evidence to support your claims. It should include specific examples of why the requested relief is necessary and in the child's best interests.

     • Proposed Order to Show Cause: This is a draft of the order you are requesting the court to issue. It should include the specific relief you are seeking, such as temporary custody, visitation schedules, child support, and any other relevant provisions.

3. Serve the Motion on the Other Parent:

   • After filing the motion, you must serve a copy of the motion and the proposed order to show cause on the other parent.

   • Service must be carried out in accordance with New York's legal requirements, which typically involve personal delivery or service through a process server.

4. The Other Parent's Response:

   • The other parent has the opportunity to respond to your motion by filing their own affidavit or affirmation in opposition. They may contest your request for a pendente lite order or propose alternative arrangements.

5. Court Hearing:

   • The court will schedule a hearing to consider the pendente lite motion.

   • At the hearing, both parents can present evidence, call witnesses, and argue their case before the judge.

   • It's crucial to have legal representation at this hearing to ensure your rights are protected and your arguments are presented effectively.

6. Court Decision:

   • After considering the evidence and arguments presented, the judge will issue a decision on the pendente lite custody motion.

   • The decision will be based on the child's best interests and may grant all, some, or none of the relief requested in the motion.

   • The judge's decision will be formalized in a written order, which will be legally binding on both parents.

Factors Considered by the Court

When deciding on a pendente lite custody order, the court will consider a variety of factors to determine what is in the child's best interests, including:

• The child's age, health, and educational needs: The court will consider the child's age, any physical or mental health conditions, and their educational needs when making custody decisions.

• Each parent's ability to provide a stable and loving home environment: This includes factors such as the parent's living situation, financial stability, and emotional health.

• The child's relationship with each parent: The court will evaluate the quality of the child's relationship with each parent, including the level of attachment, the amount of time spent together, and the parent's involvement in the child's life.

• Each parent's willingness to foster a positive relationship between the child and the other parent: The court favors parents who are willing to support the child's relationship with the other parent and facilitate communication and visitation.

• Any history of domestic violence, abuse, or neglect: The court will take any history of domestic violence, abuse, or neglect very seriously and may prioritize the safety and well-being of the child and the abused parent.

• The child's wishes (if age-appropriate): Depending on the child's age and maturity, the court may consider their wishes regarding custody and visitation.

• The stability of the current custody arrangement: The court may be hesitant to disrupt the child's current living situation unless there is a compelling reason to do so.

• Each parent's work schedule and availability to care for the child: The court will consider each parent's work schedule and their ability to provide adequate childcare for the child.

• The distance between the parents' homes: If the parents live far apart, the court will consider the logistics of transportation and visitation.

Common Concerns About Pendente Lite Custody Orders

• What if I can't afford a lawyer?

  We understand that legal representation can be expensive, especially during a divorce or separation. If you cannot afford a lawyer, you may be eligible for free or low-cost legal assistance from legal aid organizations or pro bono programs. We can connect you with resources that can help. You may also inquire about payment plans or sliding scale fees.

• What if the other parent is making false accusations against me?

  If the other parent is making false accusations against you, it's important to document these accusations and present evidence to refute them. This could include emails, text messages, social media posts, or witness statements. We can help you gather and present this evidence to the court to protect your reputation and your child's best interests.

• How can I protect my child during a custody dispute?

  Custody disputes can be stressful for children. It's important to focus on your child's best interests and avoid involving them in the conflict. You should also document any instances of abuse or neglect and seek legal advice to protect your child's safety. We can help you create a safety plan for your child and advocate for their well-being in court.

• How long will the pendente lite order last?

  The pendente lite order will typically remain in effect until the divorce or separation case is finalized and a permanent custody order is issued. However, the order can be modified if there is a significant change in circumstances that affects the child's best interests.

• Can the pendente lite order be modified?

  Yes, the pendente lite order can be modified if there is a significant change in circumstances that affects the child's best interests. This could include a change in one parent's living situation, employment, or health, or if there is evidence of abuse or neglect.

• What if I disagree with the judge's decision on the pendente lite order?

  If you disagree with the judge's decision on the pendente lite order, you may have the option to appeal the decision. However, appeals can be complex and time-consuming. We can advise you on whether an appeal is appropriate in your case and represent you if you choose to pursue one.

The Role of a Lawyer in Pendente Lite Custody Cases

An experienced family law attorney can be invaluable during a pendente lite custody dispute. They can:

• Help you understand your rights and options: Navigating custody laws and procedures can be confusing. An attorney can explain your rights and options under New York law and help you understand the potential outcomes of your case.

• Gather evidence and prepare your case: Building a strong case for a pendente lite custody order requires gathering and presenting compelling evidence. An attorney can help you collect relevant documents, interview witnesses, and work with experts to support your case.

• Represent you in court during hearings: Court hearings can be intimidating, especially during a stressful custody dispute. An attorney can represent you in court, present your case to the judge, and protect your rights.

• Negotiate with the other parent to try to reach an agreement: An attorney can act as a mediator between you and the other parent, facilitating communication and negotiation to try to reach a mutually agreeable custody arrangement.

• Protect your child's best interests: Throughout the process, an attorney will prioritize your child's best interests and work to achieve a custody arrangement that promotes their well-being.

Using Technology in Pendente Lite Custody Cases

Technology can play a significant role in pendente lite custody cases. Our tech-savvy attorneys can leverage technology to:

• Gather and preserve evidence: We can help you gather and preserve electronic evidence, such as emails, text messages, social media posts, and other online communications that may be relevant to your case.

• Communicate with clients efficiently and securely: We use secure online portals and other technology to communicate with clients efficiently and securely, ensuring that your information is protected.

• Present evidence in court using multimedia presentations: We can use technology to create compelling multimedia presentations that can help to present your case in court effectively.

Contact Our Experienced NYC Family Law Attorneys

If you're facing a custody dispute in New York and need assistance with a pendente lite custody order, contact Veridian Legal today for a free consultation. We'll guide you through the process, protect your rights, and advocate for your child's best interests. Call (212) 706-1007.