First, i must say that I am sorry that you and your family have gone through so much turmoil. Regarding your question the best answer is to refer you to Family Code Section 3044. Wherein a rebuttable presumption exists against a person obtaining custody when they have a Restraining order or a Domestic Violence conviction, see the code for further analysis. While No one can give you a guarantee regarding the likelihood of success, It is very possible that FCS will look to the history of violence and be very concerned about your son's best interests if he were placed in the father's care. To ensure the safety of your children you want to be prepared for Mediation and the best way to do that is to consult with an experienced local family law attorney.
You are in the better position for PRIMARY physical custody, given the facts you stated. But I have not heard yet what they are going to allege about you, and you haven't yet heard what they are going to allege either. You must ask yourself, "what is the worst thing(s) they could allege against me?"
As to you getting SOLE physical custody; certainly a conviction for child abuse is a big factor. But there are other factors including how long has each party has been in the child's life, your respective living situations and criminal histories, and other factors. You should seek an experienced local family law attorney who can question you about those things and help you find evidence to back up your facts and thereby put your best case forward in court.
Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in Sacramento, the Bay Area, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.
Thomas A Neil
3224 El Camino Avenue
Sacramento, CA 95821
Terrible facts but common to many abused. Hire an attorney ASAP. You need a family law attorney so I suggest you pose this question in the family law PRACTICE AREA. Good Luck. Hope this helps?
Child custody Domestic violence and child custody Emotional abuse and child custody Physical custody Credit Criminal defense Crimes against persons Domestic violence and criminal charges Criminal arrest Restraining order and criminal defense Family law Child abuse Domestic violence and family law Mediation