Absentee Father

[mbotero]

I'm looking for advice on my situation.

My husband and I got married in 2009 and had our daughter. The majority of her life he had no desire to help me out. He became a drug addict and ended up going to jail in 2014. He got out 6 months later, and decided to stay clean. Things went crazy earlier this year and I told him he had to leave (I had a big feeling he was using again and he wouldn't be honest with me). Needless to say I received a text message from him last week saying he had relapsed (has been using for a year), and he had to leave the state for help.

He has never been an involved parent and my daughter is having some issues due to him being absent again. I feel like I begged him to be in her life for all of these years, and I did more harm than good.

I'm filing for divorce and sole custody of our child, but since he isn't in the state of AZ I have no idea how this will go. Doesn't he have to show up in court? I just want this to be over with so I can give my daughter the life she deserves.

Thanks for your help in advance.

 

[CTU]

I'm looking for advice on my situation.

My husband and I got married in 2009 and had our daughter. The majority of her life he had no desire to help me out. He became a drug addict and ended up going to jail in 2014. He got out 6 months later, and decided to stay clean. Things went crazy earlier this year and I told him he had to leave (I had a big feeling he was using again and he wouldn't be honest with me). Needless to say I received a text message from him last week saying he had relapsed (has been using for a year), and he had to leave the state for help.

He has never been an involved parent and my daughter is having some issues due to him being absent again. I feel like I begged him to be in her life for all of these years, and I did more harm than good.

I'm filing for divorce and sole custody of our child, but since he isn't in the state of AZ I have no idea how this will go. Doesn't he have to show up in court? I just want this to be over with so I can give my daughter the life she deserves.

Thanks for your help in advance.

You'll need to have him served with your petition. If you don't know where he is, your best bet is to hire an attorney because service can become tricky otherwise.

If he then doesn't bother to turn up in court, you'll typically get whatever it is you're asking for.

 

[Zigner]

The mechanism you're looking for is called "service by publication" - and yes, you'll want to at least consult with an attorney.

 

[Silverplum]

He will still be Dad. If he wants to spend time with his child, the court will make that happen. Next month, next year, 5 years from now.

 

[mbotero]

He will still be Dad. If he wants to spend time with his child, the court will make that happen. Next month, next year, 5 years from now.

Sad thing is, he probably will never try to make it happen.

 

[mbotero]

You'll need to have him served with your petition. If you don't know where he is, your best bet is to hire an attorney because service can become tricky otherwise.

If he then doesn't bother to turn up in court, you'll typically get whatever it is you're asking for.

Thank you for your advice.

 

[mbotero]

The mechanism you're looking for is called "service by publication" - and yes, you'll want to at least consult with an attorney.

Thank you.