My husband and I are currently getting a divorce. He has temporary custody of my daughter. He has not physically had her since he was awarded temporary custody in June she has been with his mother. And he has not even seen her 1 time!!! Anyway we are going to court this Friday Oct.10 for our hearing. He has been physically abusing me since weve been together. And I have proof. I have a picture of the 2 black eyes that he gave me, and my sister is testifying about having to come get me in August of 06 because I was trying to leave him! Will they grant him custody even if I have evidence that he is abusive?
The black eyes aren't going to help without a police report, and a criminal conviction. He'll just say it wasn't him. Your sister coming to get you makes no difference, unless there is more to the story.
Without a police report, it can turn into a he said/ she said battle. But, submit the pictures anyways and see what happens.
The lesson for the furture is document everything and file reports when he become abusive. Have a recorder at transfers, if he yells...file a compliant.
I don't know what the circumstances are in your case. From what I read he was awarded custody and the child resides with his mom. Where you given any visitation? Have you taken advantage of that visitation? Can you prove that he has not seen her once in all this time? All these things are factors when they are deciding custody.
I'm confused as to how/why he was awarded full custody in the first place. It seems quite odd that a judge would take a child from its mother, unless you were deemed unfit. I have to agree, submit the pictures, try to recall any times that you called the cops, anyone who witnessed any fights or times that he abused you, etc. and submit this all as proof. However pictures alone will be convincing but not hard core proof that he did it. Don't stop trying to get that child back.. if he abused you, he will most likely abuse the child also. Do what you can to fight him and get him/her back.... Best of luck to you,