Legal Question in Family Law in Virginia
Pendente Lite
If a custody order is already in place can I file a Pendente Lite to get my son back right now until a new court date? I can't file an emergency temp custody because my child's life is not in danger. The issue is I need to get my son out of my ex's home right now because my ex's wife just died, with out her he will not keep it together and I feel my son would do better with me until things get back to normal on his end.
1 Answer from Attorneys
Re: Pendente Lite
No, I do not see a pendente lie petition filed in the circuit court as appropriate to this situation.
Assuming the matter is now within the jurisdiction of the J&D court, you may still be able to file a petition/motion for an emergency hearing if you can
make out a case for your son being severely traumatized by his mother's death and his need to be in your care and custody (at least temporarily)for his emotional stability.
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