# pendente lite order (PDL)



## Enemigo (May 5, 2017)

I'm sorry if this is the wrong section to post this in. If so, moderator please remove and place in correct section. 

My question is about the pendente lite order (PDL). In 2011, I was granted sole custody of my son from the judge due to his mom's arrest and bad drug habit. This order stated basically that I had full custody and that the matter would be heard on date XXXX (which was a couple months later). During that time, my son stayed with me. A few months later when the court hearing came back up, his mother and I came up with an agreement that worked for both of us; so my son went back to his mom. Among other things, there was a stipulation that stated, and I quote:

"The parties agree that in the event that XXXXX County Department of Human resources finds the mother is not residing in proper conditions while the child is in her custody, the custody of that child shall immediately be placed with the Father and the PDL order of this Court will be enforced and this agreement shall be void."

On April 20th, my sons mom was drug tested by the Department of Human Resources (DHR), and she popped positive for Meth. So did her mother where my son was staying. DHR took temporary custody and placed my son in temporary foster care. I want to go get my son from the temporary foster care and would like to know, since his mom violated the agreement, is my PDL that was signed in 2011 still valid for sole custody?


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## Enemigo (May 5, 2017)

Anyone?


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## Tatsuhiko (Jun 21, 2016)

I don't think anyone in here has the expertise to answer. But if I were you, I'd contact an attorney on Monday and push really hard for custody. Tell him about the PDL, of course. But regardless of the order, you should push for custody based on the fact that he's your biological son and you've demonstrated the ability to care for him in the past. I sure hope you've had some kind of visitation with him over the past years--I would think that would carry further weight.


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## EleGirl (Dec 3, 2011)

Pendente lite is a Latin term meaning "awaiting the litigation" or "pending the litigation" which applies to court orders which are in effect while a matter (such as a divorce) is pending.


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## EleGirl (Dec 3, 2011)

Not a lawyer here.

You had sole custody. Then it seems that you did some other legal paperwork that gave the custody back to his mother... going against you sole custody.

At this point, my bet is that social services just might not trust that this time you will maintain sole custody and protect your son from his mother.

You need to see a lawyer immediately. 

I believe that this is too complicated a legal issue for the posters on TAM.


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## Enemigo (May 5, 2017)

EleGirl said:


> Not a lawyer here.
> 
> You had sole custody. Then it seems that you did some other legal paperwork that gave the custody back to his mother... going against you sole custody.
> 
> ...



So, initially I got sole custody of him, afterwards we did an agreement where we would have joint custody, and he would stay with her so long as all the terms within the agreement were kept. She violated the terms in the agreement which specifically stated that if she did violate the terms, the PDL order will take effect again. The PDL order was me having sole custody.


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## Satya (Jun 22, 2012)

You really need to get a lawyer and find out the facts. Posters can only speculate here.


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