questions & answers

Question: I did not file for divorce and custody rights yet but if I will, is there any possibility that I could have the sole custody of my child? My husband has a history of domestic violence, extreme dui and issue from his ex-wife's son. I have a restraining order for him which was not served to him yet  because I do not know where he's at now. Can I still divorce him even if I do not know the address? And get divorced too?

Answer:

AZ LawHelp Question 21698 When applying for a divorce, one parent can file for sole custody. The Superior Court issuing the divorce will address this issue and make a determination. If both parties in the divorce do not agree on who will have custody and what type of custody of the child, the court will make a determination of this issue. You may want to review the Custody and Parenting Time Article for more information.

As far as not knowing the address of the husband, this question is beyond the scope of AZLawHelp. However, the Divorce and Annulments Article may provide some useful resources to help with your situation.