New, looking for advice

[Othermom]

My x and I are roommates. We have a 10yr old son together. My x also has a 2yr old that says with us almost all the time. The mother is on probation for nonviolent non drug crime. However she had admitted that she has failed several of these tests ( I don't know how or why she hasn't been revoked) but she is having to see her Po 2x a month, and her bf is also on probation and has to go to classes. Same as her. He has also failed several drug tests. He was recently arrested in the home with three children present for probation violation and charged with possession. And para.

Now, the child is with us most of the time, there is no custody order it cold support order. The father has told her that he will not be returning the child as long as the bf is there, and and as long as he believes they are using drugs. He has told her repeatedly that she it welcome to come to the house and see Gabe without the bf.

Today he decided to let Gabe go over the for a day or because she claims she and her bf are clean and have been clean for months. (Heard it before). Her sister came to see Gabe and took him for an hour, then was going to drop him off to her. I got a text an hour later saying she was bringing Gabe back to me.

Apparently when she tried to drop him off the mother stated she had no food in house (VERY common reason she won't take him when given time ) and she would get him tomorrow.

When asked by father what was going on, she became irate and cussed him out, staying it was *':'"d up that her sister could get Gabe but she had to fight to see him.  There was a lot more I didn't actually read in the text but you get the idea.

I have a log of all the time he is here or at her house, and any excuses she's made out what she's did ( come get him. I've had just about all I can stand of this kid, after for days of having him). Abu time she's said she doesn't have for in her house, etc.

My x has already spoken to legal aid and has a case ready to go as soon as he informs then to file it. However they said as long as she isnt making a stink, to just let it go as is.  My x doesn't want support our anything, just custody.

My question is, with her background, and the current situation ( he's here 70 % of the month since Jan) how likely wold he be to get custody?. There are a lot of things that have happened to warrant his reasons to get custody, but to much to type right now.

We live in a 2br apt. He and Gabe have one room ( own beds) and my son and I share a room. How will that factor in? Will it even? I am a sham and provide his care during three day and wherever dad isn't here.

She is living off govt/ no income and he works 40+ hours a week. She normally usually has him 4 days before she's insisting that we come get him for at least a week two at a time, however if she loses custody, she loses all her benefits. Actually I'm not sure she even gets any because she's let them all lapse...

So frustrated with her. Gabe is an awesome kid and is no worse than any other 2 yr old.

[Othermom]

Sorry for the typos. I am on a cellphone and it's hard to  read and correct spelling as I type.

[Waylon]

My question is, with her background, and the current situation ( he's here 70 % of the month since Jan) how likely wold he be to get custody?. There are a lot of things that have happened to warrant his reasons to get custody, but to much to type right now.

For an idea on how easy or how difficult it might be to alter custody, some of these articles may have useful information:

Defining "Substantial Change In Circumstances" (http://deltabravo.net/cms/plugins/content/content.php?content.178)

Tips for Parents Seeking Custody (http://deltabravo.net/cms/plugins/content/content.php?content.186)

Search results for "changing custody" (http://deltabravo.net/cms/search.php?q=changing+custody&r=0&s=Search&in=&ex=&ep=&be=&t=all&adv=0)

Additional information on custody issues (http://deltabravo.net/cms/search.php?q=custody&r=0&s=Search&in=&ex=&ep=&be=&t=all&adv=0)