Courts decide custody cases by using a 'best interests of the child' standard. they look at a lot of different things to decide what is in the child's best interests. certainly an important factor (but not only only factor) would be that one parent is not willing to take care of the child and has left the child in the other parent's care.
have you thought about trying to get mom to sign an agreement that says dad can have primary physical custody of the child but that mom can be with the child on some kind of a schedule that you all agree to? when one parent moves away and leaves the child with the other parent, there is often an oportunity to reach an agreement that the court would be more than happy to imiplement. you should consult with an expereinced custody lawyer in your county.
Answered on Nov 20th, 2017 at 5:38 AM