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 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.

If you filed a family law case in the circuit court, it is very likely that the parties will be ordered to attend a settlement conference. What exactly takes place at a settlement conference? A settlement conference is designed to help the parties reach a settlement agreement in their case. The parties and their attorneys (if they do not have an attorney, the party attends the conference by themselves) meet with a retired judge who hears the facts of the case and tries to help the parties reach an agreement. That retired judge will not be the same judge who will hear the case should the case proceed to trial if the parties do not settle. Often times, the settlement judge will meet with the parties separately and go back and forth until the parties reach an agreement. If an agreement is reached, the agreement is then placed on the record and it becomes official. At that time, any future trial dates may be vacated or modified to reflect that the matter is now uncontested. If the parties are not able to reach an agreement, then the matter will proceed to the scheduled trial date.

It is important to be as prepared for a settlement conference as possible. It is an effective way to reach an agreement and minimize fees without having to go to a long trial. If you have any questions, please call us at (443) 741-2567 and we would be happy to meet with you to discuss your case.