I am very poor and thats why I'm here. Recently I asked if a step-dad's DUI w/ my son in the car was grounds for a custody hearing. In addition to that my ex has continued her usual denial of court ordered visitation and phone calls. She has also recently had a convicted child molester (i have a copy of his case) move into the home as a live-in babysitter. She is aware of his crime making this a class C felony under alaska statute11.51.100a2A. My children are told to call him grandpa so-and-so. They are punished for telling me almost anything that concerns them EG: "Step-dad got arrested," "step-dad said if you get out of your car at the house he will kill you." He forces/punish them to call him dad and he has no legal rights. We have equal shared legal, she has primary physical custody
i lost custody for about a week in 2008 based on false info from the exto the court. that was removed and i was granted temporary legal/physical custody in 2009-210 school year. during that time we reached an agreement and signed a hand written paper togather which makes our current order. The physical custody is there because we agreed on it.
It's always hard to tell from a few lines just how strong someone's case is, but it certainly sounds like you have a reason to be talking to the judge about your concerns. As you know, it takes a substantial change of circumstances and a finding by the court that it is in the child's best interest in order to get custody modified, but you have described evidence here that, if accurate, could very well lead to a modification. Of course without knowing what the original basis for the court's award of primary physical custody was, there is just no way to be sure. It would be worth a 1-hour meeting with an attorney, with your original order and the Findings and Conclusions, to see if there really is enough to approach the court.
Please bear in mind that providing a response by email does not create an attorney/client relationship. Also be aware that family law, perhaps more than any other area of the law, is often state-specific. I am an attorney in Alaska and speak from that perspective. While I've provided general information to you regarding your inquiry, legal advice should be obtained directly from a practitioner in your state.