I don't see how this one incident, in an of itself, will impact the custody contest one way or the other. Filing a lawsuit against the uncle could, however, be used as bargaining leverage in settling the family court matter.
Your fiance has a cause of action against the antagonistic uncle.
You should help your fiance hire an attorney. This thing is getting out of hand.
You can ALWAYS ask to modify visitation whenever it would serve the child's best interests. It sounds to me like you now have such a circumstance.
You should work with an attorney to get this straightened out. The solution is simple, but dealing with an obstinate former spouse is too frustrating.
It SHOULD work like this: You send the child to school in clothes YOU bought and the other parent send the child to school in clothes the OTHER parent bought. Then, whenever you do a...
Opt out of collaborative and have your attorney start something affirmative, for you. Your husband is happy with collaborative because it's a lot easier for him to maintain teh power imbalance that has existed throughout the history of your relationship. I know I'm speculating here, but I have a hunch that throughout the marriage, your husband has made most of the rules. In the collborative process, he (through his attorney) continues to make most of the rules (wait five years fo rthe payoff,...
This is between you and Dad, not you and your son. IF you and Dad agree that this is the right thing to do, the son cannot veto your decision.
You should work with an attorney to draw up the proper papers and get this done . . . quickly.
Felonies cannot be sealed (who told you the records were sealed . . . him?) nor expunged (again, who told you his record of a felony conviction was expunged?).
I think the bigger problem here is that the felony conviction happened PRIOR to your marriage, in which case it's irrelevant.
Anyway, you don't need a detective . . . you need an attorney. Hire one and move forward.