In Maryland, a pendente lite hearing (“PL hearing”) is a hearing that takes place while a divorce or child custody action is still in the process of litigation. The purpose of this hearing is to provide a temporary order before the final hearing takes place.

When a PL hearing is requested by either one or both parties, the court may order a hearing on the next available court date. This request can either be made in writing or orally and is usually made at the parties’ Scheduling Conference. The court will also set time limits for the hearing which usually is up to three (3) hours. The hearing can take into consideration issues like child custody and visitation, child support, alimony, and attorney’s fees. The purpose of this hearing is to maintain status quo and provide some immediate stability while the parties await their final trial.

At the PL hearing, the parties can each testify and call their own witnesses. They can also present evidence that will help substantiate their claims. To obtain more information about what a PL order means and how it may impact your case, please call us at (443) 741-2567 and we would be happy to answer all of your questions.

In Maryland, the court determines the custody arrangement that best suits the minor children’s needs based on a variety of factors; including but not limited to the child’s age, parental character/reputation, and parental fitness. In many cases, if one of the parties has a pending criminal charge against them, it may have a substantial influence on how a judge rules in the child custody matter.

Depending on the pending charges, the court may take into consideration whether or not the alleged crime relates to the custody matter. For example, if your ex is charged with a second-degree assault as a result of physical harm that (s)he inflicted upon you or your minor child, that certainly can factor in the custody matter. Another example would be someone who is charged with a DUI which can indicate to the court that the parent may place the minor children's in harm’s way. On the other hand, if your ex is charged with an unrelated crime like theft, the court may not consider it at all. As a general rule, if it is possible to show that the arrest negatively affects one’s ability to adequately care for the minor child(ren), then the court will certainly give it weight.

The court system may take weeks, if not months, for the parties to get into court. It is imperative that you seek the advice of an experienced attorney to explain to you any ramifications, if any, that your pending criminal charges may have on your custody case. If you have any questions, please call us at (443) 741-2567 and we would be happy to answer all of your questions.

In a child custody matter, a parenting plan is a tool that the court uses to help the parties reach an agreement on child custody issues. A parenting plan assists the parties make decisions that are in the best interest of their child(ren). The Maryland Courts have developed a Maryland Parenting Plan Tool that is available on the Maryland Courts website. The parties can with or without an attorney develop a parenting plan that works best for their family. They can also hire a mediator to help them develop a parenting plan.

A parenting plan will cover issues like setting forth the physical custody schedule, who shall have decision-making authority (“legal authority”), set forth a holiday schedule, and may even address issues like child care. Once the parties agree on a parenting plan, they would submit it for review to the court. The court will then review the agreement and then incorporate into a court order if approved. The terms of the parenting plan will then be enforceable. If the parties cannot agree, they must file a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time which will identify areas of agreement and disagreement. Before you submit a final parenting plan, it is always recommended that you review it with an attorney before it is submitted to the court for approval because once it’s enforceable, it is more difficult to modify it later. If you have any questions regarding parenting plans, please call us at (443) 741-2567 and we would be happy to help.