What is the changed-circumstances rule when a temporary, interim or pendente lite custody order is made in a divorce proceeding?

California, United States of America


The following excerpt is from Montenegro v. Diaz, 97 Cal.Rptr.2d 782 (Cal. App. 2000):

The changed-circumstances rule "requires that one identify a prior custody decision based upon circumstances then existing which rendered that decision in the best interest of the child." (Burchard v. Garay, supra, 42 Cal.3d at p. 534.) What is critical is the finality of the custody decision. A temporary, interim or pendente lite custody order does not trigger the changed-circumstances rule. (In re Marriage of Burgess, supra, 13 Cal.4th at pp. 29, 37, fn. 8 [stipulated order dissolving marriage and providing for temporary custody and visitation]; Burchard v. Garay, supra, at p. 534 [stipulation to custody pending custody hearing]; In re Marriage of Lewin (1986) 186 Cal.App.3d 1482, 1487-1488 [stipulation to custody pending custody hearing].) This is true even if the temporary order is set forth in a judgment of dissolution or paternity. (In re Marriage of Burgess, supra, at pp. 29, 37, fn. 8.)

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