About 5 years ago full custody was granted to me and the only thing my ex had was parental rights. Now my ex (we were never married) went to court about custody of our son. They granted him pendete lite custody. I thought that was only given to people who are married pending a divorve hearing. Do I still have legal custody of my son?
2007-04-15 16:22:52 · 4 answers · asked by combatmedicwelsh 2 in Politics & Government ➔ Law & Ethics
If you read the definition of Pendete lite, you will see it refers to divorce or LEGAL SETTLEMENT BETWEEN THE PARTIES.
PENDENTE LITE - Pendente lite means "pending the litigation." When the court makes an order, for example, for temporary alimony or child support, which lasts only until the date of a divorce trial or until the parties to a lawsuit work out a settlement, it is a pendente lite order.
You and the father may not be married, but he still has parental rights. He is obviously asking for some sort of custody or visitation arrangement which is a change to the current status. Pendete lite will be in effect until the dispute is settled legally.
2007-04-15 17:06:44 · answer #1 · answered by Anonymous · 1⤊ 0⤋
According to what you wrote, he has legal custody pending the outcome of the case.
Get a lawyer. I see signs that you haven't done that, and probably weren't at the hearing that this motion was granted.
2007-04-15 16:30:43 · answer #2 · answered by open4one 7 · 0⤊ 1⤋
I'd contact your lawyer, seems once you had a court order for full custody it would stick.
2007-04-15 16:31:27 · answer #3 · answered by Granny 1 7 · 2⤊ 0⤋
I think open4one is right.
2007-04-15 17:03:08 · answer #4 · answered by Anonymous · 0⤊ 1⤋