Legal Question in Family Law in Minnesota

Abuse & Custody

My husband and I are thinking about divorcing, but neither one of us wants to be away from our 10 month old daughter. I would say I am the primary caretaker as I do the usual things and I breastfed for 6 months, and I am the one who gets up with her at night, although he does help quite a bit. He is verbally, emotionally abusive even in front of our daughter, and more recently physically abusive (People have witnessed some occasions). I have not reported anything, but have been documenting everything.

I am by no means perfect. In 2005 I got a DWI and in 2006, I did drink too much and hit my husband (boyfriend at the time) giving him a black eye and bloody nose in response to his verbal abuse. I have not drank or touched him since. He constantly calls me fat (I weigh 120lbs) and every other name you can think of. He drinks a lot, and I do not drink.

He can not handle it when she cries and is easily angered.

If we divorce, I can't stand the thought of having joint custody of our daughter because I do not want her to be verbally or emotionally abused by him now or as she grows up.

Considering my two incidents, do I have any right to full custody of our daughter?

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