This is a case of he-said/she-said. Since you've never filed a police report or (I'm assuming) ever gone to the hospital with injuries, etc., then you have no objective evience of abuse or maltreatment. Unfortunately, judges hear claims all the time from parties making up stories in order to get what they want, which is why they rarely believe what they are being told by the parties. What is objective here is the fact that you have no means of caring for the child and no home. He has a criminal record, but it isn't for crimes of violence against you or the child, so I don't know that a judge will look at that in a negative light. I'd say you have your work cut out for you.
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