A case? Sure. So does the bio father, presumably -- if it was black and white clear, you would not be asking this kind of question, and the devil is always in the details of such cases -- in this case the precise history, not just how much time was exercised but why (forced or by choice, most basically), and even more importantly, what has now changed, and why it has changed.
For the rules, the relevant statutory factors list (what the judge will be weighing), and a lot more background and reference material, see http://www.willicklawgroup.com/child-custody-and-visitation/.
But to actually get an answer to your question that will mean anything -- and to adequately prepare for what is coming -- you need to consult with a family law specialist well versed in every aspect of child custody cases and knowledgeable about the process, the judge you will be in front of, and host of other more subtle matters. You should get that consultation as soon as possible.
Answered on Apr 17th, 2016 at 12:23 PM