Modifying Pendente Lite in Virginia Child Custody

Posted on Apr 15, 2010 by Hofheimer Family Law

A pendente lite simply means “while the case is pending.” It is the temporary order that the judge assigns to establish child support and living conditions until your Virginia divorce proceedings are completed.

The pendente lite is valuable because it establishes temporary custody and support guidelines for your children. The pedente lite can be a double-edged sword, however. To further maintain consistency in your child’s life beyond your divorce, often a judge is predisposed to keep the same visitation guidelines in place for the permanent custody. So, if the temporary visitation order is not to your liking, be sure to make it known.

Usually, the pendente lite becomes a permanent situation if the trial starts to drag on for months, or possibly, years. There really isn’t much you can do to control the length of your Virginia divorce hearing, so it is best for you to support the judge’s ruling for the temporary situation. In the meantime, amass evidence to support your position to have it changed by your experienced Virginia child custody attorney.

You should gather documents and provide evidence to prove which situation you think is best to promote your child’s well-being. For instance, if you tutored your child in math and their grades markedly improved, then you could bring in the progress reports and report cards to show this.

Other evidence you can bring in to support your position for child custody include:

  • Attendance records
  • Progress reports
  • Report cards
  • Activity logs

Read more about Determining Child Visitation in Virginia.

At Hofheimer Family Law Firm, we understand that the health and happiness of your child is your #1 concern and we will work with you to address any fears and anxieties that you may have about your child’s future. Our women’s divorce attorneys will work with you every step of the way to ensure that you achieve the best possible child custody and child support arrangements for you and your children. Contact us today to schedule a legal consultation – (757) 425-5200.