please help advice needed

[pixiedustfla079]

i have been in a custody battle for three years a decision has yet to be reached because the father of the child keeps holding it of because he is active duty marine and has one excuse after another. i had my son in my care for the first five years in which the father, by his decision had nothing to do with the child. i sent pictures ect for the first three years trying to help establish a relashionship between my son and his dad and it never helped. father never saw the child one time until a month before our sons 5th birthday in which he took my son from fla to nc where he is stationed and not allowed me to have any contact with him.my son and i where really close. he obtained an order in nc not allowing me to remove the child from the state until custody is established. he has got my son living with his paternal grandmother and my son has been there for two years... our custody date for a final judgement is scheduled for september the 10th and dad just got deployed over seas to iraq! my question is since my parental rights are in tact and i can not be proven unfit, don't i have more rights than grandma to care for my son? i never willingly gave him up and have been fighting to get him back every since. i have seen him only one time for an hour under dads supervision and he wants badly to come come... will this case finally get heard the 19th even though dad is gone? how do i go about getting temp custody while he is away until this case can be heard? the only thing i have against me is i was in a little legal trouble back in 2003 for fraud but never drugs or violence and it is the only thing on my record... dad lives in a small military town and seems to know all the judges ect dcf is investigating him not from a call from me but from y sons school i am very concerned and want this over with quickly. i have been alienated from my son for no just cause please someone advise me on where to go as i am running out of money for my lawyer beings that i have been fighting for 3 years now!