Can the father of my child win sole custody since I have an open CPS case?

The Court considers the best interest of the children in all family law cases. When you go to court, you should take any evidence you have of the father's drug-related felony and parole status. The Court needs all the information in order to make a decision that is in the best interest of the child.  You also have to think about the worst allegations that the father will bring against you, and you should have good defenses for anything he says. If the children are currently living with you and they are doing well, the father will probably have a hard time getting the judge to change where they live.