Custody battle question, please help?

That depends on the state that you are in. In Texas an assault domestic violence conviction with an affirmative finding of family violence carries with some disabilities more sever than the jail time. One with such a conviction cannot be named a conservator with the right to determine residence of a child. In addition to losing the right to have a firearm.

Most state probably have simular laws.

Texas Family Code Sec. 153.004. HISTORY OF DOMESTIC VIOLENCE. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force by a party against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit.

(b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child.

(c) The court shall consider the commission of family violence in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator.

(d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit, unless the court:

(1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and

(2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that:

(A) the periods of access be continuously supervised by an entity or person chosen by the court;

(B) the exchange of possession of the child occur in a protective setting;

(C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or

(D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010.

(e) It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child.

(f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or physical or sexual abuse by a parent directed against the other parent, a spouse, or a child, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent during the two-year period preceding the filing of the suit or during the pendency of the suit.

Good Luck

I don't think the domestic charge will have a huge affect, but it will have one. The thing is, the child is already living in the environment she's in, and the court will not make her change it (especially if she's also with the grandmother) without good reason. You can't just go in and say "we think we can give her more time," beecause the court will say, "well, take her a couple of extra days a week and give her more time." In order for your fiance to get custody he would have to prove she was not a good mom. Now here's the thing. If he comes at her with a bunch of aimless claims, like,"she's trying to get away with more," it will turn around on him. The claims have to be reasonable. Everything you say about this woman, you need to look at it as if "what would an outsider think?" So what, the kid is trying to spread her wings? As for the emotional abuse, that is serious, though I'm sure you couldn't really describe it without sounding like your just being petty. You have a lot of anger towards this woman, and you're probably right in feeling that way. She has no right to belittle you, and especially your man. If she messes with visitation, have him bring her to court. Eventually, if she keeps being vindictive and thinking she makes all of the rules, the court will set her straight. He has just as much a right to be a parent as she does.

At court, remember THIS IS NOT ABOUT YOU. You have nothing to do with it. They will go into a mediation room, and you will not even be welcome. Even if the two of you were married, you are not the parent. If this woman really does not deserve custody, the court will change it, and kids are usually allowed to pick where they want to live between the ages of 12-14.

Custody is a huge change, and I have known relationships that have been ruined when the child came to live there. Be careful what you wish for. Don't just try to stir up trouble, and try to be a little more forgiving to the ex. After all, she has a broken heart.

If those are the only complaints against the mother then the changes of getting custody are very slim.

I think you need to give them their space. It's not your place.