| name | motion-for-temporary-relief |
| title | Motion for Temporary Relief (Pendente Lite) |
| description | Drafts a Motion for Temporary Relief (Pendente Lite) in U.S. family law cases seeking interim orders for custody, support, property use, and fees. Use when filing for temporary orders at the outset of a dissolution, separation, or custody matter to stabilize rights and obligations during pendency. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/motion-for-temporary-relief |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | family |
| language | en |
Motion for Temporary Relief (Pendente Lite)
Drafts an evidence-anchored pendente lite motion seeking interim orders for custody, support, property use, and attorney's fees while the family law matter proceeds to final resolution.
Prerequisites
- Initiating pleading — petition/complaint with case number, department/division, party names
- Financial affidavits — income/expense/asset/debt disclosures for both parties
- Income documentation — recent pay stubs, last 2 years' tax returns, business records if self-employed
- Parenting facts — children's names, DOBs, current living arrangements, existing schedules
- Property inventory — marital residence address, vehicle list, existing temporary agreements
- Client declaration — signed declaration with personal-knowledge support for each relief category
Drafting Workflow
1. Caption and Introduction
- Court name (including dept./division), case number, party names exactly as in initiating pleading
- Title: Motion for Temporary Relief or Motion for Pendente Lite Orders per local usage
- Opening paragraph: moving party's status, statutory basis for temporary-order jurisdiction, relief categories requested, preservation-of-status-quo framing
2. Factual Background
Cover: marriage/relationship and separation dates; children (name, DOB, residence, school); historical caregiving and financial roles; current living and custody arrangements; material disputes with dates tied to declarations/exhibits.
3. Child Custody and Parenting Time
- Legal/physical custody requested with statutory basis (cite state family code section)
- Detailed parenting schedule: weekday/weekend, exchange times/locations, transportation
- Holiday/vacation calendar for upcoming 12 months
- Decision-making authority: education, healthcare, extracurriculars
- Best interest analysis — apply each statutory factor with factual support:
- Child's age, health, developmental needs
- Each parent's historical involvement in daily care
- Continuity and stability of environment
- Child's ties to school, community, siblings
- Each parent's ability to facilitate relationship with other parent
- DV, substance abuse, or mental health concerns (cite evidence)
- Child's preference if age-appropriate and documented
4. Child Support
Guideline calculation inputs (cite state guidelines statute):
