My husband was arrested on CDV charges (1st offense) in July '10, & in August was guilty on a lower charge of Simple Assault. CPS is involved because our 2 month old son was in my arms. He is very flaky in attendance for BIP Treatment ordered by DSS. DSS offered him supervised visitation at Social Services, but he denied that visitation (I would have fought it anyways). He sends threatening texts to kill me, texts about signing his rights over, talks trash about my daughter (not his biologically), and just harasses me to no end. I've reported all this to DSS & police.
I would like to think I can file divorce under abuse & abandonment. How can I protect my infant son from visitation w/ this maniac? I've read it's pretty much impossible since he is the father. Why is this?
I think you are going to need to speak with an attorney. I hope you will find an attorney who has experience representing victims of domestic abuse. To find such an attorney, I suggest you contact the closest advocacy group for domestic violence and ask for a referral. One such group is called Safe Passages and they have offices in Rock HIll and Lancaster (linked below). I am also attaching a link to the National Domestic Violence Hotline.
Each of these web sites has information and resources that may be helpful to you in understanding what has happened and how to stop the cycle of abuse. Whatever you do, don't slip back into the cycle of abuse! According to one source in 2006 South Carolina was #2 in the nation for spouses killed as a result of abuse. Good luck.