Ditched

[usmc0321]

undefinedWhat is the name of your state? Florida

My wife left us (me and my 16 year old son) five days ago and we did hear from her until yesterday. When we spoke to her on her cell phone we asked her where she was and she replied "Its none of your business !"

This is not the first time this has happened and she has a problem with alcohol, and drugs. In essence she has abandoned us.

How can I file for a speedy divorce if I can't locate her?

Thanks,

Upset Dad

 

[rmet4nzkx]

Go the the courthouse on Monday and file for emergency custody of your children and start divorce proceedings is you want, but it is important to establish custody and child support orders for the children to prevent her from removing them from the state or your geo area. This will also give you the right to file missing person reports for her and your child. Are there other children left behind? Is this child that is with her, her's from another relationship? If so then you may have fewer options. Are you active military? Have you heard of the Baker Act?

 

[usmc0321]

We have two children a 16 and 20 year old from our marriage. I'm not active military just a former Marine. I've looked into the Baker act and that only holds her for a 24 hour evaluation. Due to a former situation the Florida Dept of Children & Families came to our home. They required that all of us take drig tests and both the boys and I passed with flying colors. She was found to have cocaine in her system. The DCF interviewer told me that her evaluation could be used in a court of law for divorce proceedings.

We have no clue where she is and will not answer phone calls. Both of my son's are at home with me.

Thanks

 

[usmc0321]

Does filing a missing persons report also cover the abandonment of a minor child or is this a seperate issue? Can a divorce be filed if she can't be located?

Another reason I havn't used the Baker Act is because she becomes verbally violent in front of the children. she has also been arrested in the past for Domestic Violence to include resisting arrest.

 

[rmet4nzkx]

We have two children a 16 and 20 year old from our marriage. I'm not active military just a former Marine. I've looked into the Baker act and that only holds her for a 24 hour evaluation. Due to a former situation the Florida Dept of Children & Families came to our home. They required that all of us take drig tests and both the boys and I passed with flying colors. She was found to have cocaine in her system. The DCF interviewer told me that her evaluation could be used in a court of law for divorce proceedings.

We have no clue where she is and will not answer phone calls. Both of my son's are at home with me.

Thanks

Unfortunately you do not qualify for a simplified divorce in FL, so you will have to take the long road but her history of drug abuse should work in your favor in your settlement, if she disappears she may default on the divorce. Start by getting the temp child custody and support orders on Monday , report her missing to the police and try the Baker Act, you will need an attorney. Hopefully your children will stay with you, but they are old enough to make it difficult if they don't want to and only the 16 yo would come under the custody order.

 

[rmet4nzkx]

Does filing a missing persons report also cover the abandonment of a minor child or is this a seperate issue? Can a divorce be filed if she can't be located?

Another reason I havn't used the Baker Act is because she becomes verbally violent in front of the children. she has also been arrested in the past for Domestic Violence to include resisting arrest.

It would be proof that you reported her abandonment, but there must be a period of time before parental rights can be terminated. Yes divorce can be filed even if she cannot be located, serving her is a different problem and one of the reasons why you can't get a simplified divorce and will need an attorney in case you have to give notice by publication. You can get domestic violence restraining orders for yourself and the children. If she is detained under the Baker act, she may be served with any orders. If it is a cell phone, have you disconnected it yet or are you leaving it on, hoping she will call?

 

[usmc0321]

I guess in my favor one of my older sons from a previous marriage is a Deputy Sheriff. He is aware of the situation and has no love lost towards my wife. I sincerely appreciate your advise and will call the Sheriffs office to file the missing persons report this morning.

The boy's will remain with me for we have great bond, however I will file for custody as well. I guess the next step is locate an attorney.

Thanks for your thoughts and help!

 

[usmc0321]

I've left her cell phone on on the hope she will call not just for me but my son's. i guess this marriage has been like a bad habit, hard to quit. This is the final straw that broken the relationship.

 

[rmet4nzkx]

Well you now have a game plan. Receiving a support order may be quite sobering. It sounds as if you wont have a problem being awarded temp custody of your 16 yo and you have family to support you. Known dysfunctional relationships are at least a known quantity, you learn how to deal with them and it is easier to continue than to rock the boat, it's called co-dependency. Make the missing person's report, they may be able to locate her by her cel phone if it is turned on. Get all the orders and change the locks on the doors and have extra patrols in your neighborhood while you are at work until she is served and be sure to let neighbors know to call the police if she shows up.

 

[usmc0321]

Just spoke with Sheriff's office and in the State of Florida I can't file a missing person's report as she is over 18, she has the family car and we did speak to her on the phone.

 

[rmet4nzkx]

What did she say? Will she go to the hospital? Rehab?

 

[rmet4nzkx]

Adults can be reported in the state of FL if there is a mental health issue, contact the FL Highway Patrol.
http://www.fhp.state.fl.us/html/Manuals/fh22-08.pdf

 

[Bali Hai]

What did she say? Will she go to the hospital? Rehab?

He was talking about speaking to her on the cell phone in his original post. When he asked her where she was and he was told "it's none of your business".

 

[usmc0321]

I just spoke to her about 15 minutes ago and she will not tell us of whereabouts. I asked her if she would agree to a simple Divorce/Un-contested and she refused to discuss it!

I have tried to talk to her in the past about her alcohol & drug problems but she refuses help and insists that she doesn't have a problem. Everyone has seen her behavior and she has caught by us with cocaine, vicoden and ectasy. The vicoden supply has been shut off as she was perscription shopping and the pharmacy's got wise. She takes about 8 a day and now buys them off friends.

I guess you would call it denial!

Mentally Ill. FHP will not get involved as to jurisdiction. They told me to call the Sheriffs Office and since she has no past history they would have to consider ot hearsay.

 

[rmet4nzkx]

I just spoke to her about 15 minutes ago and she will not tell us of whereabouts. I asked her if she would agree to a simple Divorce/Un-contested and she refused to discuss it!

I have tried to talk to her in the past about her alcohol & drug problems but she refuses help and insists that she doesn't have a problem. Everyone has seen her behavior and she has caught by us with cocaine, vicoden and ectasy. The vicoden supply has been shut off as she was perscription shopping and the pharmacy's got wise. She takes about 8 a day and now buys them off friends.

I guess you would call it denial!

Mentally Ill. FHP will not get involved as to jurisdiction. They told me to call the Sheriffs Office and since she has no past history they would have to consider ot hearsay.

If she is out in the car somewhere she is on the FL highways and FHP jurisdiction, call you son for help reporting her, and see if you can get the pharmacy to report her, that may help. Report your car missing, it is gone and you don't know for sure that she has it, do you?