Q: Dtatus Quo Order not being follows by wife. Nothing I can do?!
She left 08-01-19 and took out son to her parents over 60 miles away. A week later I submitted the paperwork I needed to and included a motion for Status Quo. That was signed as an order 08-12-19. Her lawyer was given copy in court (had court for Ex Parte which was dismissed) and was told by the judge to look it over with my wife. I KNOW it is not enforceable until served but, she and her lawyer saw the order that was in effect since the 12th and yet she still will not follow it. The lawyer has not advised her to follow it and now that she is served with it, I still cannot file contempt UNTIL I get the proof of service and file it with the court. Why can she ignore the order and I not be able to do anything? Her actions against me is detrimental to our sons mental well being. She is playing judge and law maker and doing as she feels against my parental rights. Is there something I can do that does not take ANOTHER month to see the judge or have happen? I cannot afford an attorney. HELP
A: Your lawyer should set a date for a hearing to determine temporary custody and temporary parenting time. But it is likely that your wife will also ask for temporary child and spousal support. This isn't just about her moving to her parents house. It is about transitioning from married to divorced. Your wife needs time to figure out where she is going to live and how she is going to survive financially. Instead of focusing on the technicalities of the status quo order and how to punish your wife, try to look at the reality of the situation. You are going from one household with one set of bills to two households with two sets of bills. If your wife gets a job then you will also be looking at the expensive cost of child care while you both work. It is possible that her living with her parents will save you a ton of money. Maybe this can be just temporary while she goes back to school and builds up her job skills so you aren't burdened with paying spousal support until your child reaches age 18. These are just educated guesses because I really don't know the facts of your specific case. But moves back to stay with family during a divorce are pretty common and sometimes financially necessary. Also keep in mind that a Judge will also evaluate the practicalities of the situation when the matter is heard by the court. One things that Judges appreciate is when parents in conflicted divorce situations try to work calmly and objectively to find practical solutions to a difficult situation.
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