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karla404 · Sep 16, 2013, 02:58 PM

I have a 5year old daughter who her father has never been there for her in any kind of way. My daughter has seen him a couple of time during her whole short life and knows he's her father but does not have that affection for him. Last year she started pre k and wanted, to see him so I brought her around. He has been in and out of jail and constantly gets high. We got married last year "because he wanted to help me" with my immigration status. Which we never fixed anything! Due to him going back to jail and not having ajob. We found him high a couple of times and he post pics and videos of him getting high on his Facebook everyday and everything so he has no money to help out with his daughter but has money for weed, cigarettes and alcohol. I file for divorce and went to court with him twice. The judge never decided anything and he wasn't even working so he had no income. So I decided to stop waisting my time in that court and dismissed the case. So we are still married but have NEVER BEEN TOGETHER or lived together. He now wants to see her but my daughter wants nothing to do with him due to him screaming at her and using bad language towards her the last time she saw him. I moved on with my life due to me never being with him or anything and now live with my current boyfriend and we are relocating due to his job. Will there be a problem?

AK lawyer · Sep 16, 2013, 04:17 PM

If you dismissed the divorce case, and depending on which state you are in, chances are that you and your husband share custody. While it is doubtful that you are legally precluded from moving, if you do your husband could sue you for visitation or custody and require you to bring the child back.

It would be a good idea to re-file the divorce action, if for no other reason than to get custody. Incidentally, while it probably doesn't mean much nowadays, you are technically committing adultery. The fact that you are still married could have consequences. For example:
If you were to die today, your husband would be entitled to custody and to inherit from you. Your boyfriend would get nothing.

ScottGem · Sep 16, 2013, 04:20 PM

You made a mistake by dismissing the divorce action. I agree with AK, file for divorce and sole custody. Then you can move.

karla404 · Sep 16, 2013, 04:32 PM

In the case of adultery, how does that work for me? He is and was with someone while/during the marriage and even after. And I didn't! And now he has an other girl pregnant too. And there is proof for ALL that.

ScottGem · Sep 16, 2013, 04:54 PM

In most places divorce is no fault. You really don't need much in the way of grounds for divorce. Adultery is just a ground for divorce.

AK lawyer · Sep 16, 2013, 06:17 PM

I don't mean to be argumentative, but you are still married, so if you are "with" someone else you are committing adultery; and so is your husband.

But as Scott has indicated, divorce is "no fault" (everywhere in the U.S. last I checked). So while most places haven't removed it as "grounds" for divorce, it's easier to simply allege "irreconcilable differences", and you get the same result. In other words, it doesn't make any difference at all.