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.
We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.