Q: How do I get a divorce and sole custody?
My husband and I have been separated since 2015. He has not attempted to contact his kids since 2016. He is over 28000 behind on child support and has a bench warrant out for his arrest that was issued 3 years ago and is still active. He's currently going to court for dwls and they still do nothing about the warrant and he got his ticket in the tricounty area where warrant was issued. I don't know where he lives so I don't know how to go about getting a divorce. I've contacted his girlfriend via facebook last Christmas and she won't open the message. Is there some kind of law out there pertaining to my situation that would grant me sole custody terminating his rights and my divorce?and why haven't they done anything about the child support warrant I thought it was a felony? He lives in Ky I live in Tn the child support case is currently in Ky.
A: Your questions require legal counsel to work through some of the issues you have raised. The answers provided here are general in nature and not legal advice.
Foremost, yes there is a way to get divorced even if you cannot find your spouse. The biggest issue in your case at the outset is service of process. Every state’s rules are a little different but you have to attempt to serve him with divorce petition in accordance with those rules. Again, an attorney is strongly advised for this.
With regards to the child support arrears and warrant, a child support arrest warrant is passive. He has to be picked up or stopped for any reason and a search of outstanding warrants will usually show in the search. Essentially you have to wait for him to do something that requires the police involvement.
There are a couple of things you can do to help yourself:
If you qualify, you may be able to enlist the legal services of your states legal services agency. Every state has different requirements to qualify for these services, but they are all income based decisions.
Stay in touch with the child support services agency that handled the child support matter. They have the best resources to track down his whereabouts, whether it by employment or if he is incarcerated.
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