MY 2 1/2 YEAR OLD BABY HAS NEVER SEEN HIS FATHER.WHO HAS BEEN IN PRISON SINCE 2 MONTHS OLD.Dad will be getting out some time this year and I'm fearful he will try and take my son or want to be in his life.His dad has been abusinve to mein the past and I want no contact with him whatso ever.Can I get full custody of my son while dad is still imprisoned or have his rights to see him completely taken away forever?

You can file for full custody without visitation now, but when he gets out, he can go file for visitation and will probably get at least supervised visits. You cannot have his rights taken away forever.

If he abused you, you should have already gotten a protective order. Many times when filing for the protective order you can include your children. If you have not done this, you need to. If you are afraid of him and can prove you have reason to be, the order will most likely be granted. You will have to apply for reissue of this several times, possibly every year depending on your state laws. With a protective order in place that covers the child, he will not be allowed around the child. He will then have to be the one to try and file for visitation. My experience has been that men of this character will pretty much lay low to try and escape having to pay child support. I do have to wonder why you didn't file for full custody when the father first went into jail. You would have been granted full custody immediately with a much better chance of no visitation. If he will not be getting out of jail for several months, you may still be able to do this. If he does file for visitation after being released, he will probably be granted at least supervised visitation.