As to your first question, you’re right, it’s not actually known, I’m making some inferences and my wording could have been improved.
While I don’t know when they married, the conviction was only two years ago and he was sentenced to 180 days in jail. It’s almost certain she knew of the conviction. So at a minimum, I am comfortable saying (but still MOO of course), that we know that she has decided to be in a relationship where her husband committed domestic violence against his child in the past. Even though that particular incident may have preceded her, it’s still an active decision she is making to raise children with someone she knows has previously committed domestic violence against his child (and to such an extent that he was convicted and sentenced to jail).
The rest is inference. It’s been reported that he has an upcoming hearing for a probation violation. I don’t know what that violation was, but it seems there is evidence he hasn’t followed the guidelines set out by the court in response to that domestic violence incident. I think the likelihood someone who commits that level of violence against their child will display violence at other times is high. I think anyone willing to overlook that history in a partner, and parent for their children, is themselves in a vulnerable position for whatever reason, making them more likely to become the victim of abuse. And then a child abuser’s son goes missing and his wife has a black eye, and the wife is caught making inconsistent statements. Based on all the above, MOO, the likelihood there was no behavior that could be described as domestic violence displayed by him towards either her or any of their 5 children during the course of their relationship is low (so low that I considered it a given).
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Regarding your second question, it has not been reported that they live separately. So more accurately, we have no reason to think he doesn’t have custody. The very fact they appear to have more than one child together indicates he didn’t lose custody of subsequent children. That’s why I said it “appeared” he had custody. In this context, I was referring to the children they had together.