Want to file for status quo


#1

My ex and I have been separate 4 years and divorced for 2 years, however we never came to a custody agreement. There is an established pattern where he has my son (5yrs old) every other weekend. For 3 years now my daughter (12 years old) doesn’t see him at all except on holidays and if he takes her to dinner about once a month.

He often gets angry with me and as punishment doesn’t return our son to daycare on Monday’s as is the usual part of our established pattern, which makes me concerned as to if and when he will be returned. Many times he will make me do the driving (30 mins) to get him back. Since there isn’t a consent order, I realize he doesn’t legally have to return him at all! As time goes on, I’m feeling this is more and more risky.

I need to get this established pattern in writing to hopefully prevent these issues and to have recourse. Can I file something to establish the status quo? How do I do this?


#2

You establish the status quo by filing ana child custody action, showing the court what the schedule has been and why this is in the child’s best interest, so the court can enter a custody order that is consistent with the schedule.