CA state child custody laws, parent's failure to comply with court order, CA family code

Yes, the court will take this into consideration. I assume from your facts that she has not started the 50/50 timeshare arrangement, either, which is good from your perspective. The court will make its timeshare decisions based upon the best interests of the child, and the mother's inability (or refusal) to comply with the court's earlier orders or remove herself and the child from a negative environment will figure prominently in the judge's decision on mother's request for custody. This area of law is, however, very complex and there are subtleties and procedural issues that need to be considered when opposing her request. You really should consult with an experienced family law attorney to help you in this matter. Good luck.