Since I actually know this case and some other details I will take out almost all ID info ( MODERATOR COMMENT) I will paraphase:


I have been married for 3years now and I have a 2year old daughter. My husband has been abusive and drunk. I moved to another state with him and he continued drinking and assulated me. He latter took off with the child and has been charged with these crimes.

I have moved back to my home state with the child and wish to file for custody.

This is too long and complicated (and contains all sorts of irrelevant info) to answer.

If you want to divorce this man file in the State where you are a resident. That varies State to State. You can file for sole custody. No one but a Judge knows if you'll get sole custody.

Why aren't you consulting with an Attorney?

If he's a danger to your child, those are your grounds when it comes to visitation/custody.

How do I delete everything beside the "How do I go about getting sole custody of my daughter and getting divorced?"

I know some about this case and agreed, the father in this case with so much specific info would know who this was, I even knew who this was from the info given. I deleted and gave a summary of the facts with no ID info ( I hope)

You need to hire an attorney, after you have been back in your current state long enough you file for custody. The father will be served, but you will need to show in court he is a threat, the most then he should get would be supervised visits ( try to make sure those are supervised by a court officer or counseling company approved by the court, not family.

Next don't trust him, don't be too beliving, don't get alone with him

When I file for divorce will it be a long process? I am not sure if I just file and he signs the papers or what. Also he has been calling my brothers phone non stop, we haven't answered but is there a way to put a stop to the calls?

Hire an attorney, they can tell you how long this will take.

As for stopping the calls, get a new phone #

I changed my cell phone number long ago. He has been calling my parents house number

Have them change the number or report the calls to their carrier or the police.

Report it to the police

Thank you I will do so!

And when he assaulted you did you EVER file a Police Report?