This is a sample rmotion for pendente lite relief in Circuit Court, Domestic Relations Division.
A pendent elite motion sample with child custody is a legal document that is filed during divorce proceedings to address temporary custody arrangements for minor children. This motion aims to establish a temporary custody arrangement until a final custody order is determined by the court. It is an important step in ensuring the well-being and best interests of the children involved during the divorce process. The content of a pendent elite motion sample with child custody typically includes the following key components: 1. Introduction: The motion begins with an introduction that provides information about the parties involved, such as the names of the parents and their respective addresses. 2. Jurisdiction: This section establishes the jurisdiction of the court to hear the case and make decisions regarding child custody matters. 3. Background Information: A detailed description of the couple's marital status, the date of marriage, and the date of separation is provided. This section may also include brief information about the children involved, such as their names, ages, and current living arrangements. 4. Requested Relief: The motion outlines the specific relief sought by the filing party in terms of temporary child custody. It may request sole custody, joint custody, or a specific visitation schedule, depending on the circumstances of the case. 5. Best Interests of the Child: This section highlights the factors that the court should consider when determining temporary custody arrangements, emphasizing the need to safeguard the child's welfare and overall well-being. 6. Supporting Evidence: The motion may include supporting documentation such as affidavits, witness statements, and any relevant medical or educational records that support the requested custody arrangement. 7. Proposed Temporary Custody Arrangement: A detailed proposal for the temporary custody arrangement is articulated, including specifics such as where the child will reside, visitation schedules, transportation arrangements, and guidelines for decision-making on the child's behalf. 8. Temporary Support and Maintenance: In some cases, the motion may also address temporary child support and spousal maintenance, outlining the financial responsibilities of each party during the pendency of the divorce proceedings. Different types of pendent elite motions concerning child custody may vary depending on the specific needs and circumstances of the case. Some examples include: 1. Motion for Temporary Custody: This type of motion seeks temporary custody arrangements that prioritize the child's interests, aiming to provide stability and address the child's immediate needs during the divorce process. 2. Motion for Temporary Joint Custody: In cases where both parents demonstrate the ability to provide a safe and nurturing environment for the child, this motion requests joint custody on a temporary basis until the final custody order is decided. 3. Motion for Visitation Rights: If one parent has initially been denied access to the child due to concerns or disputes, this motion can be filed to request a temporary visitation schedule that allows the noncustodial parent to spend time with the child during the divorce proceedings. By using a pendent elite motion sample with child custody, parents can present their arguments and proposed custody arrangements to the court, providing a framework for temporary custody until a final determination is made.
