Given your situation as you described, I don't see how a domestic assault charge will have much affect on the custody of your child, unless the charge was based on an alleged offense against that child or another child.
Talk to a child custody attorney in your area as well as a criminal lawyer to deal with the charges.
By responding to questions on AVVO does not establish an attorney-client relationship between the questioner and Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
It is unclear from the facts if Mother is incarcerated currently. If she is then it is highly likely the court will allow your custody request if there are no other custodial limitations (i.e. drug use, violence, other factors that are not in the best interest of the child). Regardless of the facts, it is the responsibility of the court to make child custody and visitation orders that are in the best interest of the child. It is the court's first responsibility to protect the child and to keep the child safe. If your request for custody and/or visitation complies with these factors you may obtain your requested orders from the court.
DISCLAIMER: This answer and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should always seek competent counsel for advice on any legal matter.
Child custody Family court and child custody cases Legal custody Sole custody Criminal defense Criminal charges for assault and battery Criminal arrest Visitation rights in child custody agreements Father's rights in child custody Mother's rights in child custody Parental rights in child custody Family law
Sign up to receive a 3-part series of useful information and advice about child custody law.