I am currently going through a divorce and I have physical evidence saying "I never loved you I just used you to have a child and now I have that so I want you out of my life." She also threatens that she is replacing me as my daughters father with her new boyfriend and that they will be moving out of state to Florida. I have a lawyer but she has not helped me very much I don't think. What can I do?

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Originally Posted by shayd1229

I am currently going through a divorce and i have physical evidence saying "I never loved you I just used you to have a child and now I have that so I want you out of my life." She also threatens that she is replacing me as my daughters father with her new boyfriend and that they will be moving out of state to Florida. I have a lawyer but she has not helped me very much i don't think. What can I do?

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What can you do about what? What is your question?

I don't know what kind of "physical evidence" you have, other than tape recordings. No problem if recording is legal in your State - a BIG problem if it is not.

Anyway, what is it that you are asking?

She can't move after papers have been filed - and apparently they have - and afterwards she needs Court permission. She's threatening you, nothing more and nothing less.

If she moves while a divorce is pending then she will be in contempt of court and the child can be returned.

You can help this along by having your attorney file a petition to have the court issue a specific order to not take the child out of the court's jurisdiction.

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Originally Posted by ScottGem

If she moves while a divorce is pending then she will be in contempt of court and the child can be returned.
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Not unless there is some sort of a court order. Simply filing of a divorce complaint doesn't automatically enjoin her from removing the child, unless the court in OP's jurisdiction has some sort of "standing order" to that effect.

OP's attorney needs to immediately file for an emergency order, as ScottGem has suggested..

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Originally Posted by AK lawyer

Not unless there is some sort of a court order. Simply filing of a divorce complaint doesn't automatically enjoin her from removing the child, unless the court in OP's jurisdiction has some sort of "standing order" to that effect.

OP's attorney needs to immediately file for an emergency order, as ScottGem has suggested..

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Just so I'm straight on this - I could file for divorce and then move out of the jurisdiction with my child and the Court has no problem with that - ?

In order to keep "me" from leaving my Attorney would need to make a Motion and get an Order?

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Originally Posted by JudyKayTee

Just so I'm straight on this - I could file for divorce and then move out of the jurisdiction with my child and the Court has no problem with that - ?
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Of course one would need to know where this is, but in general, yes.

The court might "have a problem with it", but until an order has been entered there is nothing you would be in contempt of.

And absent such an order, each parent shares complete custody rights with the other parent. That would include taking the child out-of-state.

Moving out of the jurisdiction would be one thing. Expecting the court to ignore the move and, for example, requiring him to pay the expenses of visitation (a fait accompli, in effect) would be quite another.

In my experience courts don't like being made a fool of. If a court action has been initiated that would include a determination of custody and/or visitation, a move out of the jurisdiction would not sit well with the court.