You can file for divorce if you have been separated for one year.
Unless you are having a problem with the current custody arrangement, and it doesn’t sound like you are, then filing for custody is not necessary.
Good luck.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607 Rosen.com
(919)787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Well, let me explain this again. My ex and I have been separated since June 2005. He is a meth addict, but has denied this up and down throughout this whole separation process. We do have a legal separation and he gave me full legal and physical custody of our now 5 year old. He has paid no child support and hasn’t seen her since Jan this year. There was a lot of trouble with threats and harrassment and there is a restraining order against him for the next 2.5 years. That meant he had to drive to my county and pick up his daughter (1 hour) and he refused, therefore has not seen her. Well, now I have found out that he entered a drug rehab program for meth abuse. He has finished that and is on to a halfway house 5 hours away for 6 months. So, obviously there will be no visitation. Is this a good time for me to file for divorce and custody through the courts? He is obviously not a fit parent. Any advice/experience would be helpful.