Maine Motion for Pendente Lite Relief

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Multi-State
Control #:
US-02526BG
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Word; 
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Description

Pendente lite refers to an order which is in effect awaiting the litigation (lawsuit). It is often used in divorce law to refer to court orders such as temporary child support, visitation, or alimony which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over. Pendente lite matters are contingent on the outcome of the underlying litigation. Sometimes a party is required to deposit funds with the court pending the outcome of the lawsuit. If the depositing party loses the lawsuit, the funds are paid to the opposing party.

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FAQ

Hear this out loud PauseParental Rights & Responsibilities Cases (unmarried parents) If a court order is not in place, Maine law presumes that parents have equal rights and responsibilities to care for and raise their children. Parents also have a duty to support their children financially, to the extent they are able.

Hear this out loud PauseMaine law does state that the relocation, or intended relocation, of a child who is a Maine resident to another state by a parent, when the other parent is a resident in this State and there exists an award of shared or allocated parental rights and responsibilities concerning the child, is a substantial change of ...

Hear this out loud PauseThe crime of parental kidnapping in Maine is officially referred to as ?criminal restraint by a parent.? If one parent takes a child away from the custody of the other parent without a legal right to do so, then he or she has committed criminal restraint by a parent.

Can a custodial parent take the child out of state without consent? If you have sole custody, you can take the child out of state without consent, unless your custody order prohibits this. Your trip cannot interfere with the noncustodial parent's time with the child.

The parent has acted toward a child in a manner that is heinous or abhorrent to society or has failed to protect a child in a manner that is heinous or abhorrent to society, without regard to the intent of the parent; [PL 1995, c. 481, §3 (AMD).]

No orders before judgment may be entered without notice to the parties or upon motion. The motion shall be accompanied by a draft order granting the relief requested.

Maine judges must consider the child's custodial preference whenever the child is old enough to have a meaningful opinion. There is no set age when the court will consider the child's opinion; the judge decides whether the child is "old enough" on a case-by-case basis.

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Maine Motion for Pendente Lite Relief