You need to change the way you look at this. Go at it from a strictly legal perspective.
We have many different issues in our favor such as mom's numorous moves with multiple partnersChange to: It is in the best interest of the child to experience stability in home and school environment.
She has decided she is a lesbian now. Irrelevant
She has also had many different jobs and she has been fired from all she has never quit or been laid off. Stability and ability to provide financially for the child.
We also have many examples of proof of her going out of her way to limit my husbands time with his son. Vague. Need specifics and proof. Did she interfere with parenting time and/or the relationship or did she just not allow extra time.
She also got into a fight with her mother and quit allowing her to see the child. Although his maternal grandmother is not our favorite person we felt it was in my stepsons best interest to allow this relationship to continue so we have been sharing our time with her. She is willing to go to court and basically testify on my husbands side. Father has been and is willing in the future to encourage the child's relationships with mother and maternal relatives.
We also own our home and his son has 2 stepsisters and 2 half-sisters in our home. Irrelevant other than to show stability on his part.
She is also now working a swing shift job and has my stepson in daycare alot including some overnights. Does he have Right of First Refusal where he could get the child during those overnights instead of daycare?
marks on his back from some kind of patch medication. We took pictures for evidence and then proceeded to contact his doctor to determine what it was as my husband has joint legal custody he should have been consulted. Well his doctor told us he has not been seen there in over a year. My husband then contacted his son's mother and asked again if she had changed his physician without his knowledge she said no he hasn't needed a doctor. He then confronted her about the patch marks she told him they were an herbal patch she got from her stepmother and she was trying them to calm him down and help him sleep. My husband asked for a wrapper from one of the patches and she told him no if he wanted one he could call her stepmom and get one and that my husband had no say in what she did and it wasn't his business. My husband contacted his ex's stepmom and it turns out it is something called a Mystique Lifestyle patch which is a herbal weight loss patch not for use in anyone under 18. You probably should have called
CPS for them to investigate. You may be able to go at this from a medical neglect point of view in that he hasn't had a routine physical in over a year.
My question is how good do our chances of getting custody sound.Depends on the judge and if you can get the emotion out of it and deal with facts and legal aspects only.