Emergency Custody Orders in Maryland — Temporary and Pendente Lite

When a child is in immediate danger, waiting months for a trial isn't an option. Maryland courts offer two paths for obtaining custody protection before a final order is entered: emergency custody orders and pendente lite (temporary) orders. They serve different situations and have different requirements.

Emergency Custody Orders

An emergency order is reserved for situations involving immediate physical danger or harm to the child. Courts will consider an emergency petition when:

• A parent is threatening to flee the state or country with the child
• There is evidence of active physical or sexual abuse
• A parent is incapacitated by substance abuse and currently has the child
• The child's immediate safety is at risk

To file, submit a Petition for Emergency Custody with the circuit court. You'll need to include a sworn affidavit describing the specific danger in detail — general claims of "bad parenting" won't qualify. The judge may hold a hearing within hours or grant a temporary restraining order ex parte (without the other parent present) if the situation is urgent enough.

Emergency orders are short-term. The court typically schedules a full hearing within 7-14 days where both parents can present evidence. The emergency order either converts into a longer pendente lite order or dissolves.

Pendente Lite (Temporary) Custody Orders

"Pendente lite" means "pending the litigation." These temporary orders govern custody while the divorce or custody case is working through the court system — which can take 6-18 months for contested cases.

Either parent can file a Motion for Pendente Lite Custody early in the case. The court holds a hearing (usually shorter and less formal than a full trial) and issues a temporary order covering:

• Which parent the child lives with during the case
• A temporary parenting schedule
• Temporary child support
• Temporary decision-making authority

The pendente lite order stays in effect until the court issues a final custody order at trial or the parents reach a consent agreement. Courts evaluate pendente lite requests using the same 16 best-interest factors under Family Law Section 9-201, though the hearing is typically expedited — judges make decisions based on available evidence rather than full discovery.

What Judges Look For in Temporary Hearings

Status quo. Courts generally favor maintaining the child's current living arrangement unless there's a compelling reason to change it. If the child has been living primarily with one parent since separation, the court is likely to continue that arrangement temporarily.

Stability. The judge considers which arrangement minimizes disruption — same school, same routine, same community.

Safety. Any evidence of abuse, neglect, or substance issues will heavily influence the temporary order.

Practical logistics. Which parent can realistically provide day-to-day care given their work schedule, housing situation, and proximity to the child's school?

Important Distinctions

A pendente lite order is not a preview of the final order. The court makes temporary decisions based on limited information. The final custody determination after a full hearing or trial can be completely different.

However, pendente lite orders can create momentum. If the child has been living with one parent under a temporary order for 12 months, the court may find that maintaining that arrangement serves the child's stability — making the temporary arrangement harder to reverse at trial.

Preparing for a Temporary Hearing

Move quickly — the parent who establishes the initial status quo often has an advantage. Bring:

• Documentation of your involvement as a caregiver (school records, medical appointments, daily routines)
• Evidence of any safety concerns (police reports, protective orders, text messages)
• A proposed temporary schedule with specific days and times
• Printed copies of all evidence — Maryland courts won't review documents on electronic devices

The Maryland Custody & Parenting Plan Guide includes an evidence organizer and schedule comparison worksheets designed to help you prepare for both temporary and final hearings.

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