Please give advice

[abbiesdad]

I am the father of 5 years old girl. 

In the original court order, from two years ago, parents have exactly 50/50 time with child, although her mother has primary physical custody.  Parents live 10 miles away from each other.  I filed a motion last week to have primary physical custody changed to myself so that my daughter can attend school in my district.  The schools are better and my life is more stable.  To me it seems like a no brainer that my daughter should be with me.  Yet I know I'm fighting a difficult battle.  I need honest opinions about what is relevent and what is not.

Over the past two years...

I have maintained an apartment where my daughter has a bedroom and her own bed.  Her mother has been living with friends, until she recently moved in with her new boyfriend and him family.  My daughter shares a room and a bed with her mother.  The new boyfriend is also on probation for a felony, although it was not a violent crime.  The boyfriend has his own bedroom because the parents (who they live with) will not let them share a room.

Mother has refused her parenting time on several occasions and I changed my schedule to accomodate my daughter.  She refused to take our daughter if she (mother) is sick or if her daycare is closed.  I have coordinated most of her medical/dental care and paid all of her expenses.  The schools where I live a much better than the schools in her area.