Based on the pending charges, you could probably make a good arguement for visitation to be supervised - at least until those cases are settled and there's an outcome. Without a conviction, it's not likely a court would terminate his parental rights - and even WITH a conviction, it's no guarantee - although once you're established with your new hubby for a year or so, the father might be willing to be cooperative if hubby wants to legally adopt the child (if he's shown no interest in her AND realizes he could get out of child support he may be more than willing to play ball). Courts tend to be extremely reluctant to terminate one parent until and unless there is another parent willing to step in and take on legal responsibility for the child. In other words, the court wants a backup plan in case something happens to YOU - someone else with a LEGAL obligation to the child.