If judgment cannot be rendered immediately, the court may award the custody to a proper person until rendition of the judgment.
Art. 3828.Custody Pendente Lite
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 2. Habeas Corpus · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3828 lets a court award temporary custody of the person involved in a habeas corpus proceeding to a proper person while the case is still pending, so a workable custodial arrangement exists even when the court cannot render final judgment right away.
Full Text of Art. 3828
Plain-English Summary
Article 3828 covers the gap between the hearing and the final judgment. Not every habeas corpus case can be decided the moment testimony ends; a court sometimes needs time to weigh the evidence or resolve a close question before rendering judgment.
Rather than leaving the detained person's situation unresolved during that gap, Article 3828 lets the court award custody pendente lite — a temporary arrangement that holds until the judgment is finally rendered. The court places the person with whoever it considers a proper custodian for the interim, which need not be either party to the case.
This provision does the most work in contested custody disputes, where the underlying question is not whether someone should be free of all restraint but who should have the child or other person in the meantime. A pendente lite order lets the court set a workable arrangement immediately, without either party needing to wait through the delay a considered final judgment can require.
Frequently Asked Questions
What is custody pendente lite under Louisiana habeas corpus procedure?
A temporary custody arrangement the court can order while a habeas corpus case is still pending, used when the court cannot immediately render a final judgment.
Who can be given temporary custody under Article 3828?
Whoever the court considers a proper person for the interim, which is not limited to either party in the case.
Does a pendente lite custody order settle the case?
No. It bridges the gap until the court renders its final judgment; it is an interim arrangement, not the ultimate resolution.
Is this provision mostly used in child custody disputes?
It commonly comes up there, since habeas corpus in civil practice can test where a child should be while a custody dispute plays out, but Article 3828 applies to any habeas corpus proceeding where an immediate final judgment is not possible.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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