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Sole Custody Question

Started by greatdad, Apr 04, 2007, 10:33:01 AM

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greatdad

>Not sure what a Pendente Lite is, but we are in VA and my DH
>won full custody of SS (physical and legal) in September.

pendente Lite means "pending litigation" It is where you request emergency alimony,child support, and custody pending final ruling.
We
>are still awaiting the appeal.  It's been continued once, and
>we're still waiting for BM's attorney to contact oursto set a
>date.  We're in no hurry as SS is living with us and thriving
>under the current order.  However, our attorney told us that
>it appeals to the circuit court and they hear the entire case
>like it was never heard the first time.  From what I
>understand, Virginia's appeal process for custody cases is
>different than most states.
>
>Again not sure what pendente is, so I'm not sure if it works
>the same way, but if it's like an appeal, I would assume that
>they will hear the whole case again.
My question  isthat since a circuit court judge already ruled that I have Sole Custody, why would they disregard theyre own ruling. AWould make sense to say that unless there is compelling evidence ti disprove thr legalities, that there should be no new testimony
>
>Keep in mind, if it was bad enough for you to get the kids to
>start with, and they are thriving while living with you now,
>there is no reason for the judge to change anything.  Good
>luck!
My point exactly. You saw fit to give them to me 7 months ago, STBX still lives in another state , still living with her mother and the daughter she gave up 17 years  for the mother to raise