There Is a Big Difference Between Child Custody Orders Issued While a Divorce Case Is Going On and Child Custody Orders Issued with the Divorce Judgment

In a California divorce, a child custody order issued during the proceedings is a “temporary order.” Lawyers and judges call this type of order a Pendente Lite order. Temporary Orders  provide stability while the case is pending, and a child custody order issued with the final judgment is a Final Order that resolves custody matters permanently until a significant change in circumstances warrants a modification. The key difference is the temporary nature of a child custody order during litigation versus the final, long-term resolution of Child Custody issuses in an order within the divorce judgment.

Custody Order Issued During the Divorce (Temporary Orders)

• Purpose: To establish custody arrangements and other support during the divorce proceedings while the case is still active.
• Nature: They are temporary, “pendente lite” orders, meaning “pending the litigation”.
• Issuance: A judge issues these orders after hearing from both parents or if parents cannot reach an agreement through mediation or negotiations.
• Effect: They remain in effect until a judge modifies them or issues a final order as part of the divorce judgment.
• Flexibility: They can be modified more easily than final orders if new circumstances arise during the divorce process.

Custody Order Issued with the Final Judgment (Final Orders)                 

• Purpose: To provide a permanent resolution to child custody and visitation issues once the divorce is final.
• Nature: These are the definitive orders that resolve the case and become part of the final divorce judgment.
• Issuance: They are issued after all parties have been heard, often reflecting the terms of an agreement between the parents or a court’s ruling after a trial.
• Effect: They establish the final parenting plan, which will continue to govern the custody arrangement.
• Modification: To change a final order, you must go through a post-judgment modification process which requires demonstrating a substantial change in circumstances.

If you are facing a custody or parenting schedule dispute or have questions about one, it may be wise to consult with an experienced family law attorney. Understanding the complexities of the laws is crucial for protecting your rights and ensuring a fair outcome.

Woodland Hills Attorney Galen Gentry has assisted clients for 30 years in Los Angeles County and all Southern California Counties with child custody in both divorce cases and in paternity cases (paternity cases address situations in which the parties share children but are not married).

Mr. Gentry will  explain your rights and obligations in a family law custody case cause whether you hire him or not.

 

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