Attorney Erika Castillo – “Can I File For A Divorce & Sole Custody If My Husband Fled The Country?”

QUESTION: I am married to someone from Mexico and I have lived my whole life in Florida. He fled the country due to police being after him for serious charges. I have recently found out he has been cheating on me this whole time. Is there any way for me to file for divorce and have sole custody of my child? And if he ever comes back, is there any way to prevent him from being near my child?

ATTORNEY CASTILLO’S ADVICE: You can file for divorce and seek sole legal and physical custody of your child by publication. You must show the court that you made a good faith effort to contact your husband and serve him with the divorce via mail and/or publication in the newspaper. If he does not answer the divorce petition, the court will grant you the divorce and full custody of your child.

If your husband returns after you are divorced and seeks time with your child, he must file for visitation rights in the court where the divorce is granted. The laws regarding divorce and custody differ from state to state. I advise you to seek the services of a qualified family law attorney in your area that can assist you.

Good luck.

Erika Castillo, Esq.

Castillo Law Offices


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